Mills v Laboyrie - [2022] 2 NZLR 258

Equity — Pallant v Morgan — Whether applicable to family and domestic relationships — Observation.

Practice and procedure — Costs — Executor of will also sole beneficiary — Executor made loan to estate to fund defence of will — Estate likely to be insolvent on losing case — Whether executor to be personally liable for costs not met by estate.

Trusts and trustees — Constructive trusts — Common intention constructive trust — Whether type of reasonable expectation constructive trust — Express common intention — Whether Pallant v Morgan equity applicable to family and domestic relationships — Observation.