15 Sept 2011
MALCOLM EDWARD RABSON V LINDA GALLAGHER COA CA507/2010
- Citation
- MALCOLM EDWARD RABSON V LINDA GALLAGHER COA CA507/2010
- Court
- Court of Appeal
The lotto prize was relationship property; the disposition of that relationship property to the MRFT defeated Ms Gallagher's claim to half the capital appreciation of properties purchased with the prize such that s 44C provides a just remedy; the Court substituted a s 44C award of NZD 300,000 payable by Mr Rabson from his separate property (debt owed by MRFT); the institutional constructive trust finding was quashed as unnecessary where statutory remedy under s 44C applied.
- Property (relationships) act 1976 s 44c
- Institutional constructive trust
- Estoppel by deed
- Surrender of lease for life
- Intermingling of separate and relationship property (s10)
- Valuation