28 Nov 2022
The Court permitted registration of a second notice of claim because the applicant demonstrated a reasonably arguable interest under the Property (Relationships) Act, provided an adequate explanation for the filing delay, acted promptly, and the respondent would not suffer unavoidable prejudice from a short delay.
21 Dec 2020
The applicant was entitled to costs for initiating the originating application; consent to interim and final orders did not negate that entitlement; the actual costs claimed were reasonable at 35% of 2B scale and should not be reduced by reference to Family Court scale costs.
11 Mar 2020
Both applications were dismissed because the applicant failed to establish any arguable interest in either property under s42 PRA: there was no evidence of direct or indirect contributions causally related to acquisition, preservation or enhancement, a constructive trust claim does not sustain a s42 notice, and the BNZ as registered mortgagee has priority and valuations show no equity to protect, so the court would not exercise its discretion to permit or preserve the notices.