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