New Zealand Case Law: Decisions & Judgments

Topic

Remedial constructive trust

Legal area

Court

7 Jun 2023

TALAMATAONE ELEANOR COOPER v TEKURAINGATAU COOPER [2023] NZHC 1403

Citation

[2023] NZHC 1403
Court

High Court

On the summary record it was reasonably arguable that an institutional constructive trust existed because the applicant made contributions manifestly exceeding ordinary benefits, there was a common intention/expectation supported by family discussions and a contemporaneous document, the expectation was reasonable in all circumstances, and respondents, from correspondence and offers, could be taken to expect to yield the interest; the caveat description was sufficiently certain; the Registrar's notice was deemed received on 16 September 2022 (not 15 September) and the applicant's application f…
2 Mar 2021

ANDREASSEND v LIANG [2021] NZHC 337

Citation

[2021] NZHC 337
Court

High Court

The proceeding was dismissed under r 10.8 High Court Rules because the plaintiff repeatedly failed to comply with multiple court orders, failed to file required evidence and documents, and failed to appear at the scheduled hearing despite warnings and opportunity; dismissal and costs on a 2B basis were proportionate and in the interests of justice, and the dismissal extends to the related proceedings set down for the same hearing.
23 Jul 2020

ANDREASSEND v LIANG [2020] NZHC 1782

Citation

[2020] NZHC 1782
Court

High Court

The Court refused to strike out the claim against the third defendant because the affidavit evidence was not so clear, complete and uncontradicted as to show the claim could not possibly succeed; omissions and inconsistencies in the affidavits and missing bank statements left open a reasonably arguable claim. The Court ordered the plaintiff to file an amended statement of claim (by 18 September 2020) that gives defendants sufficient notice of the case to meet, permitted some general pleading pending discovery, and directed the plaintiff to comply with r 8.4 initial disclosure on filing the am…
20 Sept 2018

CARROLL v BATES [2018] NZHC 2463

Citation

[2018] NZAR 1570
Court

High Court

The Court found that proprietary estoppel applied: Mrs Bates made direct representations (handover of keys and possession) and Mr Bates made reinforcing representations to family before incapacity; plaintiff reasonably relied and incurred detriment by extensive work and management; perfection of an imperfect inter vivos gift was not available by formality alone and a remedial constructive trust was discretionary; equity required a proprietary estoppel remedy vesting the fee simple in the plaintiff to avoid unconscionability. Accordingly the Court ordered the property vested in the plaintiff a…
24 Jul 2018

NGUYEN v KENNEDY [2018] NZHC 1845

Citation

[2018] NZHC 1845
Court

High Court

Plaintiff established on the balance of probabilities that she paid monies to the first defendant as a result of fraud and that the first and second defendants have been unjustly enriched; therefore restitutional damages are awarded for the sums paid and a discretionary remedial constructive trust is imposed over any retained monies and any assets into which those monies can be traced, but no unqualified constructive trust over 8 Mewburn Rise was imposed given lack of direct evidence.
17 Feb 2016

GRAHAM v ARENA CAPITAL LIMITED (IN LIQUIDATION) [2016] NZHC 194

Citation

[2016] NZHC 194
Court

High Court

Post-APO deposits were subject to the statutory trust and, because the FMA asset preservation orders froze the account and prevented use of subsequent deposits, those post-APO deposits remained identifiable and traceable; accordingly they have a proprietary interest enforceable in priority to other investors and the liquidators' application to treat those funds as part of Arena's general assets was declined.
20 Mar 2014

C CHAO AND Z PENG v X LI and Y CHEN [2014] NZHC 516

Citation

[2014] NZHC 516
Court

High Court

Leave to lodge a second caveat was granted because the applicants demonstrated an arguable case that payment created an institutional constructive trust over Mr Li's registered share (giving a present proprietary interest capable of being caveated), the initial caveat's inclusion of the co-owner was excusable, and the balance of convenience and relevant authorities supported granting leave confined to Mr Li's interest.
14 Nov 2013

COMMISSIONER OF INLAND REVENUE v DYMOCK & ANOR [2013] NZHC 3016

Citation

[2013] NZHC 3016
Court

High Court

The court was satisfied there was a good arguable case that the transfers were intended to defeat creditors and are potentially recoverable, there are identifiable funds in the defendants' accounts linked to the companies, and the defendants' overseas location and prior transfers created a real risk of dissipation; balancing the interests of justice, the court granted a without‑notice freezing order and declined to require the usual undertaking as it served no practical purpose in the circumstances.
10 Apr 2013

RPD PRODUCE HOLDINGS LTD v MILLER and ANOR HC BLE CIV-2011-406-000275

Citation

openlaw-223e6b2b_b259_42c8_802a_c1545485e586.pdf
Court

High Court

The High Court has jurisdiction because the plaintiff's claims in equity (constructive trust, tracing and account) do not arise directly from the employment relationship or the employment contract; the employment relationship merely provided the opportunity for the alleged fiduciary breach and s161 does not oust the High Court's equitable jurisdiction in such cases.
11 Oct 2012

SJM V WMM HC WHA CIV 2012-488-592

Citation

openlaw-1f38c03a_9d65_43c3_bc72_d6592511215c.pdf
Court

High Court

The appeal was not hopeless but the merits warranted an uplifted security for costs; balancing the appellant's need to pursue an appeal and the respondent's protection from costs exposure, the court set security at $2,500 payable by 9 November 2012, deferred related timetabling to allow exploration of legal aid, and listed the appeal for one day with standard appeal directions to follow.