New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Disclosure of property defects (weathertightness)
  • 31 May 2010

    RICHARD STEWART HAYES V CHRISTINE ANN BURR HC AK CIV 2010-404-002769

    Citation
    openlaw-e23d0797_dcad_4091_a90f_dd5d3b30d09b.pdf
    Court
    High Court

    The court concluded the applicant would not be prejudiced if the caveat was removed because the respondent proposed sale by a reputable agent, offered stakeholder arrangements for sale proceeds (preventing dissipation), adequate notice under the trust deed was given, and outstanding contribution disputes can be resolved after sale with the court directing distribution if necessary; accordingly the caveat was dismissed and proceeds to be held by stakeholders.

    • Caveat
    • Removal of caveat
    • Sale of trust property
    • Stakeholder of sale proceeds
    • Relationship property contributions
    • Disclosure of property defects (weathertightness)