Open AccessHarvey v Beveridge: Common Intention Constructive Trusts in New Zealand?
Author(s) -
Mark Bennett
Publication year - 2015
Publication title -
victoria university of wellington law review
Language(s) - English
Resource type - Journals
eISSN - 1179-3082
pISSN - 1171-042X
DOI - 10.26686/vuwlr.v46i3.4895
Subject(s) - appeal , doctrine , constructive trust , constructive , law , common law , high court , property (philosophy) , sociology , law and economics , project commissioning , political science , publishing , philosophy , epistemology , process (computing) , computer science , operating system
This article discusses the reasoning of the High Court and Court of Appeal in Harvey v Beveridge in respect of the existence of "common intention constructive trusts" in New Zealand law. It analyses the development of constructive trusts doctrine in New Zealand, and argues that a different approach was taken to the application of this doctrine in relationship property disputes compared with the equivalent English doctrine. This difference was not recognised in Harvey v Beveridge, and it is argued that an adequate understanding of this difference requires us to grapple with the underlying foundations of the New Zealand law, which were left open during the Court of Appeal's development of the doctrine.