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Abstract In 1941 Dr E. I. Sykesdescribed the doctrine of the Anglo-Commonwealth constructive trust as ‘a vague dust-heap for reception of relationships which are difficult to judiciary, may well have a prime concern for certainty and predictability, while the litigator and other judges welcome a perceived new flexibility with enthusiasm. ‘Equity’ specialists divide into those who mean by ‘equitable principles’ the received doctrinal inheritance from the nineteenth classify or which are unwanted in other branches of the law.’ In 1992 Mr Justice E.W. Thomasof the New Zealand Supreme Court declared that ‘the case law is in chaotic disarray, and attempts to clarify the essential principles by reference to past authorities are destined to disappoint the investigator.’ He points to the occurrence of ‘seemingly learned decisions adding to the general confusion.’ In the previous year in this city Sir Peter Millett was of the view that at least for some circumstances’ the use of the language of constructive trust has become such a fetile source of confusion that it would be better if it were abandoned.’
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