28 May 2021
SIDDIQUI v SIDDIQUI [2021] NZHC 1234
- Citation
- (2021) 22 NZCPR 342
- Court
- High Court
On the facts the defendants, while registered owners, held 126A Gloucester Road on institutional constructive trust for the plaintiffs because of the defendants' conduct, the mutual understanding at purchase, and the plaintiffs' longstanding contributions; defendants' claims of tenancy/licence and Land Transfer Act fraud failed; Court ordered defendants to transfer title to plaintiffs subject to payment of outstanding mortgage and quantified net adjustments totalling NZD 92,852 and further mortgage payments since 30 April 2021; alternative sale procedure and costs directions provided.