New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Bona fide purchaser without notice

Legal area

Court

30 Jan 2020

SHANNON NICOLE HARRIS v IAN JASON GRAY [2019] NZHC 36

Citation

SHANNON NICOLE HARRIS v IAN JASON GRAY [2019] NZHC 36
Court

High Court

Knowing assistance and deceit claims were struck out for failure to plead dishonesty with necessary particularity and absence of prima facie evidential foundation; knowing receipt claim defective in particulars but salvageable by amendment; summary judgment was refused because material factual disputes (whether father declared a trust over 10% and whether defendants had relevant knowledge when they took title) could not be resolved without a full hearing and evidence; defendants must plead bona fide purchaser/no notice if relied upon.
21 Aug 2006

BRITISH MERCANTILE AND LOAN TRUST COMPANY LIMITED V GEORGE STREET INVESTMENTS LIMITED AND ANOR HC AK CIV 2006-404-3922

Citation

openlaw-9a70425c_fac3_4a9e_9b22_7d967c63e410.pdf
Court

High Court

The caveator failed to establish a reasonably arguable equitable interest in either property because the affidavits were unparticularised, internally inconsistent and lacked independent support; there is no evidence British Mercantile paid purchase money to give rise to a resulting trust, no basis to infer a constructive trust on the pleaded facts, and there is no evidence respondents acquired the properties with notice of any equitable rights, therefore the application to prevent lapse of caveats is dismissed.