Tere Moana Purea V Alan Stanley Perkins and Adrienne Rosemary Perkins - SC 119/2009

Civil appeal - Land Transfer Act 1952 – cross-appeal - the respondents sued for specific performance after the appellant failed to settle a house purchase due to a dispute with his daughter (Mrs Tangi-Tuake) over ownership which resulted in her lodging a caveat against the title of the property – whether the Court of Appeal determination that the finding of Asher J on the facts that it was supported by evidence that there was an agreement that in return for Mr Purea’s daughter taking responsibility for the mortgage and any outgoings and maintenance of the property, ownership would be transferred to her on repayment of then mortgage, was erroneous – whether the Court of Appeal erred in failing to consider that Asher J treated his finding of a constructive trust as if it was an express trust and gave no recognition of the Tangi-Tuakes’ interest in the property – whether the Court of Appeal decision is supported by the Tangi-Tuakes’ pleadings and in particular the way in which their pleadings have changed.[2009] NZCA 541     CA  365/2008   18 November  2009