| 41. | We do not think it desirable that constructive trusts of land should be imposed in reliance on inferences from slender materials.
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| 42. | A constructive trust would allow a claim in the new asset in proportion to the contribution of the beneficiary's trust fund.
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| 43. | Meinhard argued the new opportunity belonged to the joint venture and sued to have the lease transferred to a constructive trust.
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| 44. | However, the prevalent view is that dishonest assistance is a personal liability that does not result in an imposition of constructive trust.
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| 45. | She also wants a constructive trust for dlrs 1 million to be placed on any proceeds from the sale of the house.
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| 46. | Westpac Banking Corporation v Savin [ 1985 ] 2 NZLR 41 is a cited case regarding the general principles of constructive trusts.
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| 47. | Section 52 ( 2 ) state that section 53 does not affect the creation or operation of implied, resulting or constructive trusts.
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| 48. | Another " more contentious " form of constructive trust is in a situation where the claimant has " done everything necessary ".
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| 49. | The remedy for beneficiaries is restitution of all gains, and theoretically all profits are held on constructive trust for the trust fund.
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| 50. | A constructive trust was not an appropriate remedy in this case and that the Court of Appeal erred in principle by imposing it.
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