11 Dec 2018
LI v YU & Ors [2018] NZHC 3248
- Citation
- [2018] NZHC 3248
- Court
- High Court
The Court found on the balance of probabilities that Yu acted dishonestly and fraudulently in breaching his fiduciary duties and that his knowledge and intent can be imputed to Harv Properties (which he effectively controlled via Cheng). Consequently Harv Properties is not protected by s63 LTA against ejectment of the Tauroa property and must have title revested in the plaintiff; Harv Properties is also liable in equity to compensate the plaintiff for the lost equity in the three apartments to the sum of $658,100 (plus interest and costs). The plaintiff's claim for dishonest assistance agains…