10 May 2016
KAIRMORE CONSTRUCTION LIMITED (in liq) v WICHMAN [2016] NZHC 936
- Citation
- [2016] NZHC 936
- Court
- High Court
Documentary evidence established the plaintiff paid deposits and settlement monies for the three properties, the defendants gave no consideration and did not file any evidence to rebut the presumption of resulting trust; accordingly the defendants hold the properties on resulting trust for the plaintiff, must execute transfer documentation within 28 days, and in default the properties will vest in the plaintiff under s52 Trustee Act 1956; costs awarded to the plaintiff.