Michael Victor Bourneville and Mark Graham Blewden v Christine Jill Marshall - SC 71/2013
Summary
Civil Appeal – Property – Whether the Court of Appeal erred in identifying the proceeding as an application to the High Court to remove a caveat – Whether the Court of Appeal erred in not making reference to the rules of law concerning the ability of the Court to interfere with the exercise of discretion on appeal – Whether the initiation of proceedings to establish a constructive trust constituted an abuse of process – Whether the Court of Appeal erred in finding that the Respondent had a reasonably based expectation of an interest in the property – Whether the Court of Appeal erred in relying solely on a submission by counsel for the Respondent, rather than properly introduced evidence in the High Court or Court of Appeal, in finding that the first Applicant and the Respondent had accumulated substantial assets by their joint endeavours – Whether the Court of Appeal erred in finding that the first Applicant “obviously would have had knowledge of the circumstances giving rise to the expectation”.[2013] NZCA 271 CA 676/2012
Result
A The application for leave to appeal is dismissed.
B The applicants are to pay the respondent costs of $2,500 and reasonable disbursements. 14 November 2013
B The applicants are to pay the respondent costs of $2,500 and reasonable disbursements. 14 November 2013
Related Documents
Leave judgment - leave dismissed — sc 71 2013 michael victor bourneville anor v christine jill marshall (PDF 46 KB)