2 Jun 2010
HARVEY V KAPUA HC WHA CIV 2007-488-295
- Citation
- openlaw-a0cbb35c_5e7b_40e5_9dc1_0e73bd43845a.pdf
- Court
- High Court
Court ordered sale under the statutory power (s140 continued under ss339-343) starting from equal legal title then applied resulting trust principles because plaintiff provided purchase funds; that provisional result was adjusted by reasonable expectation analysis recognising limited contributions by defendant during residence, resulting in a 90% share to plaintiff and 10% to defendant; court authorised plaintiff to execute sale documents on defendant's behalf if necessary.