| IN THE COURT OF APPEAL OF NEW ZEALAND I TE KŌTI PĪRA O AOTEAROA |
| CA376/2021 [2022] NZCA 324 |
| BETWEEN | ASHISH SIDDIQUI AND YASHIKA SIDDIQUI |
| AND | AMIN AZHAR SIDDIQUI AND USHA AMIN SIDDIQUI |
| Hearing: | 23 March 2022 |
Court: | Kós P, Woolford and Dunningham JJ |
Counsel: | G D Stringer for Appellants |
Judgment: | 19 July 2022 at 10 am |
JUDGMENT OF THE COURT
AThe appeal is dismissed.
BThe cross-appeal is allowed in part.
CThe appellants must pay costs to the respondents for a standard appeal on a band A basis and usual disbursements.
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REASONS OF THE COURT
(Given by Kós P)
The Siddiquis — parents Amin and Usha, son Ashish and daughter Supriya — immigrated to New Zealand in 1991.[1] The parents did well enough; the son did better. By 2006 the parents were still renting; the son had his own house. That year a family arrangement enabled the parents to at last acquire a house.
[1]In this judgment, for ease of understanding we generally refer to the appellants as “the son” or “the son and his wife”, and to the respondents as “the parents”.
The house was acquired by the son in May 2006 for $249,000.[2] The house was fully funded by mortgage finance, which the son organised through the realtor and a bank. The son provided collateral security to enable the lending ratio requirements to work. The son told the father that the father’s name was on the title; in fact, the house was registered in the names of the son and his wife. The parents paid the mortgage (via the son) and all other outgoings: ground rates, water rates and insurance. They also maintained the property.
[2]The purchaser was the son “&/or nominee”.
The parents said they believed the house was theirs, and that they were surprised and disappointed in 2008 to find their names were not on the title. That discovery propelled the dispute that led eventually to this litigation, in which the parents sued the son and his wife.
Quite what the son believed is not exactly clear. His accounts were inconsistent and he made a very poor witness. But it may perhaps be noted that on the day the parents moved into the house, they were greeted by a letter from the son. It began:
My darling Mum + Dad
Congratulations!!
Welcome to your new home. …Davison J rightly preferred the parents’ evidence over the son’s.[3] If the son’s understanding was unclear, we at least know what he claimed. It was that the parents were mere licensees, and that the money paid to him (the parents believed, for the mortgage) was rent. That contention, he now accepts on appeal, is quite untenable.
[3]Siddiqui v Siddiqui [2021] NZHC 1234, (2021) 22 NZCPR 342 [Judgment appealed] at [121].
The Judge rejected the son’s account.[4] He held that the house was held by the son and his wife on an institutional constructive…
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- AGLC
- Siddiqui v Siddiqui [2022] NZCA 324
- Case
- [2022] NZCA 324
- Decision Date
CaseChat Overview and Summary
The Siddiqui family, consisting of parents Amin and Usha, and their son Ashish, immigrated to New Zealand in 1991. In 2006, Ashish purchased a house for $249,000, with the parents paying the mortgage and other outgoings. The parents believed they were the owners of the property, but discovered in 2008 that their names were not on the title. The parents sued Ashish and his wife, and the Judge found that the house was held by Ashish and his wife on an institutional constructive trust for the parents. Ashish and his wife appealed this finding, as well as the adjustments made in relation to the mortgage payments and bathroom expenditure. The parents cross-appealed the adjustments made for the bathroom expenditure and interest. The Court dismissed the appeal, allowed the cross-appeal in part, and ordered Ashish and his wife to pay costs to the parents.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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