28 Aug 2018
STEELE v DALLAS [2018] NZHC 2184
- Citation
- [2018] NZHC 2184
- Court
- High Court
Applicant failed to prove a reasonably arguable case of a constructive trust: pleaded agreement was ambiguous and effectively contractual/unsecured creditor in nature; March 2017 letter and payments were consistent with a landlord‑tenant arrangement; contributions and maintenance were not shown to be more than minor or causally linked to acquisition/enhancement, and non‑disclosure during bankruptcy undermined the claim; therefore caveat could not be sustained and was allowed to lapse.
- Caveat
- Constructive trust
- Contribution
- Reasonably arguable case
- Land transfer act s137 s143 s145a