New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Institutional (lankow) constructive trust
  • 24 Mar 2023

    QIU v WANG [2023] NZHC 589

    Citation
    [2023] NZHC 589
    Court
    High Court

    Applicant failed to demonstrate a reasonably arguable beneficial interest in the property: unsecured loans and corporate power of attorney do not create an equitable interest; asserted holding costs and rates were not supported by specific evidence and are not 'more than minor' contributions for a Lankow institutional constructive trust; the Deed of Arrangement and WeChat communications do not evidence an agreement to confer a beneficial interest or to have respondent hold the property on constructive trust, at best they support contractual claims to sale proceeds. Accordingly the caveat coul…