NUKU v TAYLOR [2014] NZHC 30
The application was refused because it was reasonably arguable that the plaintiff holds the property subject to a constructive trust in favour of the defendants who lodged the caveat, and that arguable equitable interest justified leaving the caveat in place pending resolution.
Source-derived case information.
- Citation
- [2014] NZHC 30
- Parties
- Plaintiff: Jean Te Uruhau Nuku; Defendant: Loma Emiri Taylor; Defendant: Peter David Taylor
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 30 January 2014
- Procedural Posture
- Application Under S143 Land Transfer Act 1952 (caveat Challenge) / Urgent Interlocutory Application/hearing Prior to Pending Settlement
- Outcome
- Application refused; caveat remains registered.
- Legal Topics
- Caveat, Constructive Trust, Title Registration, Withdrawal of Caveat, Urgent Interlocutory Relief
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jean Te Uruhau Nuku
Plaintiff
Loma Emiri Taylor
Defendant
Peter David Taylor
Defendant
Procedural Posture
Application Under S143 Land Transfer Act 1952 (caveat Challenge) / Urgent Interlocutory Application/hearing Prior to Pending Settlement
Legal Issues
- 1 Whether the caveat over certificate of title TN243/73 should be rejected or withdrawn
- 2 Whether the defendants have an equitable interest by way of constructive trust sufficient to support the caveat
- 3 Whether interim relief should be granted in view of an imminent settlement
Ratio Decidendi
The application was refused because it was reasonably arguable that the plaintiff holds the property subject to a constructive trust in favour of the defendants who lodged the caveat, and that arguable equitable interest justified leaving the caveat in place pending resolution.
Court Disposition
Application refused; caveat remains registered.
Orders
- Application to reject or authorise withdrawal of caveat refused
- Caveat numbers 9609854.1 to remain registered on certificate of title TN243/73
Full Case Text
Judgment text and source record
1 paragraphs
NUKU v TAYLOR [2014] NZHC 30 [30 January 2014]IN THE HIGH COURT OF NEW ZEALANDNEW PLYMOUTH REGISTRYCIV-2014-443-000001[2014] NZHC 30IN THE MATTER of Section 143 of the Land Transfer Act1952BETWEEN JEAN TE URUHAU NUKUPlaintiffAND LOMA EMIRI TAYLOR and PETERDAVID TAYLORDefendantsHearing: 30 January 2014Appearances: G J Toebes for PlaintiffR T Wilson for DefendantsJudgment: 30 January 2014JUDGMENT OF COURTNEY JThis judgment was delivered by Justice Courtneyon 30 January 2014 at 4.00 pmpursuant to R 11.5 of the High Court RulesRegistrar / Deputy RegistrarDate[1] The plaintiff, Jean Te Uruhau Nuku, has applied for an order that the caveat numbers 9609854.1 registered over land in certificate of title TN243/73 (Taranaki registry) known as 236 Smart Road, New Plymouth, be either rejected from registration or, if it is registered, then her solicitors be authorised to sign a withdrawal of it. I heard this matter urgently this morning, with counsel attending by telephone. The application required urgent attention because there is a sale and purchase agreement over the subject property which is due to be settled tomorrow, 31 January 2014.[2] As I indicated to counsel, it is my intention to give a decision today with my reasons to follow. I have reached the view that it is reasonably arguable that Mrs Nuku holds the property subject to a constructive trust in favour of the defendants who have lodged the caveat. The application is therefore refused.____________________P Courtney J