New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Contributions and expectations

  • 7 Aug 2014

    MURRELL V HAMILTON CA31/2014 [2014] NZCA 377

    Citation
    (2014) 3 NZTR 24
    Court
    Court of Appeal

    Where a claimant made contributions and had a reasonable expectation of an interest, and where one trustee exercised de facto control over trust property with the co-trustee’s acquiescence such that both trustees can be taken to have stimulated the claimant’s expectation, it is unconscionable for the trustees to deny the claimant an interest and a constructive trust may be imposed against the trust’s property; on these facts a 15% interest (NZD 37,500) was awarded.

  • 13 Sept 2004

    EWING V DONALDSON CA CA231/03

    Citation
    openlaw-1f8927fb_48dc_4337_b8f5_538ce8a9f1b9.pdf
    Court
    Court of Appeal

    The Court of Appeal held the respondent had made significant direct and indirect contributions to the capitalised superannuation used to purchase the tavern, giving rise to a reasonable expectation and a constructive trust in the tavern assets; the High Court judgment awarding unpaid salary balances was adjusted by admitted accountant evidence, valuation evidence was refused, and the appellant was ordered to pay the respondent a capital sum of NZD 70,000 with interest, the High Court judgment set aside and substituted accordingly.