New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Equitable interest and caveat

Legal area

Court

13 Aug 2021

MCNAUGHTON v MCNAUGHTON [2021] NZHC 2109

Citation

[2021] NZHC 2109
Court

High Court

The court held that because the McNaughton v McNaughton proceeding is directly relevant to Mr Miller's security for costs application (specifically the claim of an equitable interest in 48a Pownall Street), Mr Miller is entitled to limited access to the pleadings to test solvency and oppose security for costs. Balancing open justice and privacy pre-hearing, access was confined to the statement of claim and any statement of defence/notice of opposition; access to the remainder of the court file was refused.
5 Sept 2014

BETHELL & ANOR v BETHELL CA33/2014 [2014] NZCA 442

Citation

[2014] NZCA 442
Court

Court of Appeal

The Deed must be read with the Will and the known factual matrix; the parties intended Christine to have a right to call for up to ten acres in the vicinity of the camping ground (including the clay patch), Christine acquired an equitable interest on execution of the Deed which was enforceable by specific performance once subdivision consent was obtained, Ross had implied obligations to facilitate and not impede the call and breached those obligations, and a subsequent defective family settlement by Ross in favour of Maria did not create an equitable interest with priority over Christine.