High Court Wellington
26, 27, 28, 29 June 1995; 1 August 1995
Hammond J
26, 27, 28, 29 June 1995; 1 August 1995
Hammond J
Equity — Fiduciary relationship — Co-venture between doctors — Accountant/property developer joining in co-venture arrangement — Development site purchased by accountant/developer's nominee — Whether nominee partner in co-venture — Whether accountant/developer had authority to bring in nominee as partner or co-venturer — Whether title to site held by accountant/developer and nominee as constructive trustees for co-venturers — Whether accountant/developer beneficiary of constructive trust — Whether doctor co-venturers entitled to proprietary relief for breach of trust.
Trusts and trustees — Constructive trust — Co-venture arrangement between doctors — Arrangement joined by accountant/developer — Development property purchased by accountant/developer's nominee — Whether accountant/developer had authority to bring nominee in as partner — Whether property held on constructive trust — Whether accountant/developer beneficiary of such trust — Whether medical co-venturers entitled to proprietary relief for breach of trust.
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