New Zealand Case Law: Decisions & Judgments

Topic

Joint tenancy severance

Legal area

Court

19 Feb 2021

COWAN v COWAN [2021] NZHC 208

Citation

(2021) 21 NZCPR 902
Court

High Court

Applicants failed to establish an arguable proprietary interest in either property: the 2002 agreement did not establish an enduring severance of joint tenancy and evidence showed parties changed course; applicants' contribution evidence was vague, uncorroborated and did not support a Lankow v Rose constructive trust claim; tikanga‑based argument could not be advanced without evidential proof. Therefore caveats cannot be sustained.
28 Mar 2018

MATANGI-PARAHA v PARAHA as administrator of the Estate of CONSTANCE CELIA RUKA-CONNELL [2018] NZHC 564

Citation

[2018] NZHC 564
Court

High Court

The applicant established a reasonably arguable equitable interest in a one-half share by virtue of the 6 November 1990 matrimonial property agreement which required steps to create and transfer a half interest; although formal conveyancing failed, equity recognises the enforceable obligation and the applicant as administrator can pursue specific performance — therefore the caveat must be sustained pending substantive proceedings, subject to condition that the applicant commence proceedings with due diligence.
30 Jul 2014

GATESHEAD INVESTMENTS LTD v PARANUI PROPERTIES LTD CA622/2013 [2014] NZCA 361

Citation

[2014] 3 NZLR 516
Court

Court of Appeal

The Court held on the facts that the parties manifested a mutual intention to sever the joint tenancy in equity prior to Mr Harvey's death; section 47 voids the relationship property agreement only to the extent necessary to satisfy the creditors' claim (which at the time of the agreement extended only to Mrs Harvey's half share) and does not nullify an antecedent equitable severance as to Mr Harvey's separate half share; accordingly only Mrs Harvey's one half share vested in the Official Assignee and the executor's position was upheld; the appeal was dismissed.

New Zealand Case Law

COWAN v COWAN [2021] NZHC 208

MATANGI-PARAHA v PARAHA as administrator of the Estate of CONSTANCE CELIA RUKA-CONNELL [2018] NZHC 564

GATESHEAD INVESTMENTS LTD v PARANUI PROPERTIES LTD CA622/2013 [2014] NZCA 361