23 Sept 2016
FECK v PAROHINOG [2016] NZHC 2246
- Citation
- [2016] NZHC 2246
- Court
- High Court
On the balance of probabilities the defendant accepted the transaction on the basis that any legal interest taken was to be held on trust for the plaintiff; the 31 July email, the solicitor's 6 August file note, the draft deed and the parties' subsequent conduct (transfer, financing structure, payments and occupation) establish a common intention constructive trust; therefore the defendant's 50% share of the net proceeds is held on trust for the plaintiff.