New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Equitable ownership

Legal area

Court

4 Oct 2019

EASTLIGHT ASSET TRADING NO. 5 LIMITED v GROUND SUPPORT (WGTN NO. 1) LIMITED[2019] NZHC 2534

Citation

[2019] NZHC 2534
Court

High Court

The general security agreement unambiguously charged all of Ribble's present and future property including the two properties; appointment of a receiver under that GSA vested the receiver with authority to deal with those properties; consequently the company's director lacked authority to enter into the purported sale to Eastlight and Eastlight acquired no equitable interest to support its caveat, so the caveat must lapse.
1 Jun 2016

OSMOND v BLANCHETT [2016] NZCA 240

Citation

[2016] NZCA 240
Court

Court of Appeal

The Court held the Judge correctly applied summary judgment principles, found on the evidence (including contemporaneous documents and established tax assessments) that Mr Osmond was the central conflicted actor, the purported 2003 assignment to ATL was fabricated/backdated to defeat revenue claims, and therefore ATL had no equitable interest; Arai Korp's registered title stood and summary judgment for immediate possession was justified.