28 Jun 2023
OGILVIE v LI [2023] NZHC 1629
- Citation
- [2023] NZHC 1629
- Court
- High Court
The plaintiff failed to prove the essential elements for either a constructive trust or equitable estoppel: payments were properly characterised as rent/subsidised rent and did not manifestly exceed benefits received; contributions to the property were minor and inadequately evidenced; there was no representation by the defendants nor ostensible authority given to their daughter to bind them; plaintiff did not demonstrate reasonable detrimental reliance or unconscionability. Accordingly no proprietary interest arises and the claim is dismissed.