5 Jul 2021
HUGHES v JOHNSTON [2021] NZHC 1642
- Citation
- [2021] NZHC 1642
- Court
- High Court
Mr Johnston, as a discretionary beneficiary with no appointment or proprietary entitlement, did not possess a caveatable interest in the Wanaka property; substituted service (or dispensing with personal service of the affidavit) was justified because the application had come to his attention and reasonable attempts at service failed; accordingly the caveat was ordered removed and costs awarded to the applicants on a 2B basis with disbursements.