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.