21 Feb 2020
ARRIESGADO v GALLAGHER FAMILY INVESTMENTS LTD [2020] NZHC 232
- Citation
- [2020] NZHC 232
- Court
- High Court
The Main Agreement constituted a dealing that purported to give a beneficial interest in accessory units to a person who was not the registered owner of a principal unit, which contravened s53(1) UTA; under s53(7) that dealing was void ab initio and s71 CCLA applied, while the transfers from GFI to the Reyes were valid under the s53(1) exception; accordingly the Reyes have been full legal and equitable owners of the four accessory units since 14 June 2018 and GFI/Gallagher must account for income derived from them.