18 May 2018
STIRLING v SHARMA [2018] NZHC 1111
- Citation
- [2018] NZHC 1111
- Court
- High Court
The applicant established a reasonably arguable case that an equitable mortgage existed because contemporaneous evidence supports that Mrs Kumar may have retained a beneficial interest when title was taken in Mrs Sharma's name and Mrs Kumar had actual or apparent authority (via deposited power of attorney documents) to grant security; therefore it was not patently clear the caveat could not be sustained and the caveat must be preserved pending substantive determination.