18 Nov 2009
PERKINS V PUREA AND ANOR CA CA365/2008
- Citation
- openlaw-3a19dd33_fabd_42bb_838b_be0aed2de846.pdf
- Court
- Court of Appeal
The Court held that a 1988 agreement existed creating an equitable interest in favour of Mrs Tangi-Tuake (characterised as an institutional constructive trust), that s 182 did not defeat that prior equitable interest as the Perkins only held an equitable interest pre-registration, that on balance of competing equities the Tangi-Tuake interest prevailed, and accordingly specific performance (transfer of legal title to Mrs Tangi-Tuake) was ordered while the Perkins were confined to equitable damages (award $88,000) and were not entitled to the contractual clause 3.10(2) sum.