19 Jul 2022
SIDDIQUI v SIDDIQUI [2022] NZCA 324
- Citation
- [2022] NZCA 324
- Court
- Court of Appeal
On the proven facts the house was held by the son and his wife on an institutional/common intention constructive trust for the parents; no contractual guarantee fee was payable because the provision of collateral was found to be a familial gift absent agreement; monetary adjustments were allowed in favour of the son/wife and against the parents only to the extent proved, the bathroom claim was reduced for lack of documentary proof, and interest on adjustments is to be calculated as simple statutory interest under the Interest on Money Claims Act 2016 rather than compound interest.