12 Jun 2023
MALLON v GRIFFITHS [2023] NZHC 1371
- Citation
- [2023] NZHC 1371
- Court
- High Court
On the evidence the applicants established an arguable case that their contributions and the parties' joint family project to build an extension for the Mallons' retirement gave rise to a constructive trust and thus a caveatable beneficial interest; removal or lapse of the caveat would prejudice those legitimate interests given extant Family Court proceedings, so the Court declined to exercise its discretion to remove the caveat and ordered it to stand pending further order.