17 Aug 2023
STILLS v McCORMACK [2023] NZHC 2224
- Citation
- [2023] NZHC 2224
- Court
- High Court
Caveat dismissed because applicant failed to establish an arguable equitable proprietary interest: evidence of any right of first refusal was vague and unsupported by contemporaneous writing or specifics as to grant, consideration or terms; contributions did not establish entitlement to ownership or proprietary share beyond lease obligations; any alleged right would be personal to the grantor and unenforceable for non-compliance with s24 or absence of part performance. The caveat therefore cannot be sustained.