New Zealand Case Law: Decisions & Judgments

Topic

Remedial vs institutional constructive trust

Legal area

Court

19 May 2020

TERVOERT v SCOBIE [2020] NZHC 1039

Citation

[2020] NZHC 1039
Court

High Court

No constructive trust was imposed because no express common intention or sufficiently reasonable expectation existed that plaintiff would obtain a one-third proprietary interest; however plaintiff made qualifying financial contributions, expenses and substantial unpaid labour which were freely accepted and beneficial to the Trust, entitling her to restitution on quantum meruit; award fixed at NZD 163,506 plus interest at 4% p.a. from 1 January 2011 to 1 June 2017.
12 Jun 2012

PARBERY V PARBERY HC CHCH CIV-2011-409-001678

Citation

openlaw-6c980482_12cd_47ec_bcba_5923e38aa91f.pdf
Court

High Court

Summary judgment against the first defendant is refused because material factual disputes exist about whether the plaintiff was reimbursed and about the nature and discoverability of any fraud and because the pleadings and evidence could support an institutional constructive trust which brings the first and second causes within s21 Limitation Act; summary judgment is granted for the second defendant (trustees) on the money had and received claim because that claim is clearly time barred; the joinder application is dismissed as academic; costs ordered that the first defendant pay the plaintiff…
24 May 2007

FLETCHER STEEL LTD V NAHAL CONTRACTORS LTD AND ORS HC AK CIV-2006-404-498

Citation

openlaw-ad4fccaa_50c0_422f_a33f_888b15c8c70b.pdf
Court

High Court

Plaintiff established an arguable case that payments made as a result of fraud were impressed with a constructive trust which is capable of giving rise to a proprietary interest in the two properties because funds were used to acquire or improve equity in those properties; accordingly the caveats shall not lapse pending determination of the claim.
4 Apr 2007

OOSTERHUIS V SAETRUM HC WN CIV-2004-485-813

Citation

openlaw-65ac05b3_7d9c_406a_bece_855ec395fee1.pdf
Court

High Court

The respondent pleaded an orthodox/institutional constructive trust arising from the parties' relationship and contributions; such a trust exists by operation of equity and is covered by s21(1)(b) of the Limitation Act 1950, so the claim to recover trust property is not time‑barred; monetary implementation of the trust does not alter that conclusion.

New Zealand Case Law

TERVOERT v SCOBIE [2020] NZHC 1039

PARBERY V PARBERY HC CHCH CIV-2011-409-001678

FLETCHER STEEL LTD V NAHAL CONTRACTORS LTD AND ORS HC AK CIV-2006-404-498

OOSTERHUIS V SAETRUM HC WN CIV-2004-485-813