New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Caveat lapsing procedure

  • 15 Nov 2019

    LI v GREEN LAND INVESTMENT LTD [2019] NZHC 2991

    Citation
    (2019) 20 NZCPR 661
    Court
    High Court

    The applicant failed to establish an arguable beneficial interest sufficient to sustain the caveat because the only evidential basis (a late affidavit/exhibited term loan agreement) was unreliable and possibly fabricated or electronically altered, lacked necessary signatures and trust documentation, conditions precedent were unfulfilled, no funds were shown advanced and the repayment date had passed; additionally the purported attorney held a conflict of interest, so the caveat could not be maintained and the application was dismissed.

  • 4 Sept 2014

    MRS X v COMPANY A [2014] NZHC 2126

    Citation
    [2014] NZHC 2126
    Court
    High Court

    Mrs X failed to discharge the burden of showing Mr X had a reasonably arguable beneficial interest in the Company A properties either by constructive trust or because Company A was a sham/alter ego; key reasons were absence of evidence that Mr X had the requisite reasonable expectation that Company A would yield an interest, the December 2008 sale to Company A was a commercial arms‑length transaction so any vendor entitlements were to payment or later share interests, and there was no evidence of a common intention to create a sham; accordingly the application to prevent lapse of the notice o…