15 Jul 2021
MO v YANG [2021] NZHC 1792
- Citation
- [2021] NZHC 1792
- Court
- High Court
The court found no enforceable, certain oral contracts for the disputed investment arrangements across the projects because material terms were uncertain and undocumented; where funds were acknowledged received the appropriate remedy was restitution (money had and received) with statutory interest rather than proprietary or contractual remedies; trusts were declared only where the factual matrix showed nominees held title on trust (Union Road, Taurima, Bawden limited findings) and conditional transfer or distribution orders were made accordingly.