28 Oct 2008
SM V MH HC NWP CIV 2007-443-656
- Citation
- openlaw-41827d00_9334_4900_bdd1_5a0713a63f26.pdf
- Court
- High Court
No implied testamentary promise was established under the Testamentary Promises Act; however the evidence established a common intention that the applicant would have a possessory right to occupy the New Plymouth property as a permanent base for the children while they were dependents provided she met mortgage and outgoings, and equitable damages are available if that possessory interest is not given effect to; parties were ordered to attempt agreement on giving effect to that interest within 30 days, failing which submissions on quantum were to follow.