IN THE HIGH COURT OF NEW ZEALAND HAMILTON REGISTRY
I TE KŌTI MATUA O AOTEAROA KIRIKIRIROA ROHE
CIV-2021-419-000054 [2022] NZHC 1412
UNDER Part 18 of the High Court Rules 2016 IN THE MATTER OF
Constructive trust, resulting trust, express trust
BETWEEN
WILLIAM JAMES TELFORD and EILEEN TELFORD
Plaintiffs
AND
WILLIAM JAMES TELFORD and TESSA EVE MARTIN
Defendants
Hearing: 30-31 May 2022 Counsel:
P A Depledge for Plaintiffs
M A Dempster for Defendants
Judgment:
16 June 2022
INTERIM JUDGMENT OF DOWNS J
This judgment was delivered by me on Thursday, 16 June 2022 at 2 pm pursuant to r 11.5 of the High Court Rules.
Registrar/Deputy Registrar
Solicitors/Counsel:
Clyde Law, Hamilton.
McKenna King Dempster Ltd, Hamilton. P A Depledge, Hamilton.
TELFORD v TELFORD [2022] NZHC 1412 [16 June 2022]
A note to readers
[1] This judgment is written primarily for the parties. It avoids technical language when possible. As two parties share the same name—William James Telford—I use common names: Billy and Jamie. To be consistent, I use Christian names for the remaining parties.
The dispute and difficulties with its determination
[2] Billy and Eileen sue their son, Jamie, and his partner, Tessa, in relation to 629A Hakarimata Road, Ngaruawahia. I call this the property.
[3] Billy and Eileen say the property is theirs even though Jamie and Tessa are recorded as owners on the certificate of title. Billy and Eileen say Jamie and Tessa bought the property on their behalf because the bank would not lend Billy and Eileen money to buy it.
[4] Jamie and Tessa accept they bought the property on behalf of Billy and Eileen—with a significant qualification. Jamie and Tessa say they did so on the understanding all four parties would have equal shares in the property. Jamie and Tessa say it was agreed they would contribute to the property financially and otherwise in return for a half share.
[5] Billy and Eileen acknowledge Jamie has helped make the property what it is: a landscaped, four-bedroom home on 8.44 hectares. But, they say his contributions comprise not more than 10 percent of the property’s value. Jamie and Tessa say their contributions are much greater than this, in accordance with what everyone agreed when the property was bought.
[6] No one recorded in writing what was intended in relation to the property. No documents cast light on what was intended either.1 Despite this, or perhaps because of it, everyone believes strongly in the correctness of their position.
1 Save one document in relation to the deposit. I come to this later.
[7] Key events occurred years ago. The property was bought in (late) 2014. Passage of time appears to have hardened positions at the expense of memory.
[8] Other fact-finding impediments exist too. The parties filed joint affidavits: one of Billy and Eileen; a second of Jamie and Tessa; and a third of Billy and Eileen (in reply). All were couched in broad terms, with detail a casualty. A one-day trial was allocated on the assumption this…
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