10 Dec 2009
MORGAN V MORGAN HC WN CIV-2008-485-2494
- Citation
- openlaw-ef2ea4a3_5b20_48ca_b894_89486044f6a5.pdf
- Court
- High Court
Although Mrs Williams' sale proceeds were applied to substantial renovations to the Kelburn property and thus constituted a contribution more than minor, the court found no common intention at the relevant time that Mrs Williams would retain a beneficial interest beyond life occupation; factors including the 1984 document, absence of contemporaneous protective steps, the family arrangement context and lack of contemporaneous evidence of an expectation to retain a proprietary interest meant a constructive trust was not established and the plaintiff's claim failed.