Court of Appeal Wellington
20, 21 September; 5 November 1971
North P, Turner and Woodhouse JJ
20, 21 September; 5 November 1971
North P, Turner and Woodhouse JJ
Damages — Rules and principles in awarding damages — Claim to set aside transfer of land and also for damages in addition.
Trusts and trustees — Construction resulting and implied trusts — Particular relationships — Husband and wife — Husband purchasing matrimonial home wife providing half deposit — Resulting trust.
Trusts and trustees — Breaches of trust — Agents — Land agent and purchaser having knowledge of trustee's breach of trust — Land agent and purchaser liable jointly with trustee.
Property law — Real property and chattels real — Land Transfer Acts — Memorandum of transfer — Purchaser party to fraud — Registration of transfer set aside — Land Transfer Acts and interests thereunder — Certificate of title — Fraud — Land Transfer Act 1952, s 62.
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