5 Jul 2022
The Court declined to remove the caveat because it was not completely satisfied that the legitimate interests of the caveator would not be prejudiced by removal; the respondent has an arguable proprietary claim and the proposed conditions and funds did not adequately protect that proprietary remedy, therefore the caveat remains pending the substantive proceedings or further order.
24 Jul 2018
Applicant discharged the threshold for an arguable case that he has a beneficial interest through estoppel and/or unconscionable bargain/resulting trust because respondents created an expectation he would be owner, he relied to his detriment, and there is arguable unconscionability given his disadvantage and lack of independent advice; accordingly the caveat should not lapse pending substantive proceedings, subject to conditions.
8 May 2018
On the balance of probabilities the Court found that, except for the initial NZD 30,000 deposit, Wenheng funded the purchase and the Property was correctly recorded as a Wenheng asset; Wenheng transferred its beneficial interest to Hemu; the presumption of resulting trust therefore applied and was not rebutted; the defendant holds a 41% share on resulting trust for Hemu; there is no proprietary entitlement to rent or surplus and the fiduciary duty and deceit claims fail for lack of pleaded or proved loss and causation.
10 Oct 2011
Matai held prior enforceable rights to the gold under the Tribute Agreement; Morris extracted gold after being given notice of Matai's rights and is therefore liable to Matai for the value of the gold extracted (400 ounces), with interest at prescribed rates and costs; the judgment is limited to Matai v Morris and does not determine rights as between Matai and Tui.
28 Sept 2006
Clause 5(o) constituted an appointment of Cornerstone as Edison's agent (or at minimum an agreement that any procured purchase would be in Edison's name); Cornerstone breached that obligation by entering into and completing the Glover agreement in its own name; the breach was fiduciary in nature and equity imposes a constructive trust over Cornerstone's equitable interest in the Glover land in favour of Edison; the appropriate relief is to require nomination of Edison as purchaser, indemnity for short-term liabilities and leave to apply for further orders.