30 Oct 2019
TIAN v ZHANG & ORS [2019] NZHC 2785
- Citation
- [2019] NZHC 2785
- Court
- High Court
The plaintiff failed to displace the presumption of resulting trust and the first defendant was entitled to an equitable interest of $568,522.52; the most certain and efficient means to satisfy that sum was to order the sale of 35 Corunna Road with net proceeds held in trust and applied to pay the first defendant (and plaintiff to pay any shortfall); defendants were entitled to costs on a 2B scale apportioned 80% to the first defendant and 20% to E-Joy Ltd, with no uplift for unreasonable conduct.