New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Appropriation of land to contract
  • 5 Nov 2018

    SMITH v AIRD [2018] NZHC 2852

    Citation
    [2018] NZHC 2852
    Court
    High Court

    The court found the parties agreed that the applicant would fund renovations in return for possessory rights to rent the land to recoup costs, which constituted appropriation of land/rights to the contract and satisfied the Hewett criteria for an equitable lien/charge; the caveat description was adequate, so the applicant established an arguable equitable proprietary interest and the caveat must be sustained subject to condition to commence proceedings within 15 working days.