24 Aug 2018
WOOLF v KAYE [2018] NZHC 2191
- Citation
- [2018] NZHC 2191
- Court
- High Court
On the evidence the parents' settlement contribution was $3,500 (mortgage securities) not $14,000 and the presumption of advancement was not rebutted; deceased parents' late and unreliable statements were inadmissible or of little weight; claimant's monetary and non-monetary contributions, while real, were outweighed by the substantial value of her rent-free occupation; therefore neither a resulting trust nor an expectation-based constructive trust in her favour was established. Defendant entitled to mesne profits, possession and discharge of caveat.