28 Jun 2016
MA v MA AND LK TRUSTEES (NO.91) LIMITED (AS TRUSTEES OF THE GOOD HOPE TRUST) [2016] NZHC 1426
- Citation
- [2016] NZHC 1426
- Court
- High Court
The caveat was dismissed because the applicant's rights as a 'final beneficiary' are contingent on the vesting day and do not constitute a present vested equitable interest capable of supporting a caveat, and because the oral agreement purportedly creating a right was void for failure to comply with s21F Property (Relationships) Act 1976; consequently there was no reasonably arguable caveatable interest and no basis for constructive trust or part-performance.