25 May 2020
XIE v 126 WAIMUMU LIMITED [2020] NZHC 1109
- Citation
- [2020] NZHC 1109
- Court
- High Court
Applicant established a reasonably arguable equitable interest in the land (capable of being protected by a caveat) based on her capital contributions in the joint venture context which may give rise to an implied trust (resulting or constructive). The caveat is sustained but subject to conditions: applicant must commence substantive proceedings by set date and must consent to reasonable arm's length third-party transactions (including refinancing or sale) with protection of her interest in any proceeds.
- Caveat against dealings
- Resulting trust
- Constructive trust
- Shareholder interests vs proprietary interests in land
- Land transfer act 2017 s138/s143