5 Dec 2013
JANE MAREE MURRELL v WILLIAM ELLIOTT HAMILTON [2013] NZHC 3241
- Citation
- [2013] NZHC 3241
- Court
- High Court
Court found claimant made relevant contributions and held a reasonable expectation of an interest but because the property was owned by the W E Hamilton Family Trust throughout and claimant's case did not fall within recognised exceptions permitting a proprietary remedy against trust assets (interest arising before transfer, trustees' collective conscience engaged, or claim against settlor's separate interest), an alter ego argument could not be used to reach trust assets; accordingly constructive trust claim against the trust failed.