New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Trusts and non‑registrable interests
  • 27 Oct 2005

    VOSTOCHNAIA FISHING (NZ) LIMITED V BIKOULOV AND MITSKEVITCH AND ANOR HC AK CIV-2005-404-2171

    Citation
    openlaw-ac8b08ac_9d66_4257_a18f_2af660ffa430.pdf
    Court
    High Court

    The court refused to discharge the caveat because the defendants have established an arguable beneficial claim to 13 shares; however, recognising the plaintiff's dominant position (at least 80% ownership), the court ordered the caveat to remain subject to future directions to permit a market sale with the caveat to be discharged on substitution of an appropriate security over 20% of the net sale proceeds and directed procedural steps to manage the litigation efficiently.

    • Ship registration
    • Caveat
    • Beneficial ownership of ship shares
    • Trusts and non‑registrable interests
    • Sale and security over proceeds