31 Mar 2022
KEESING v COOP [2022] NZHC 631
- Citation
- [2022] NZHC 631
- Court
- High Court
The protector of the trust, on the terms of the trust deed, has no legal or beneficial interest in the trust property and does not fall within a limb of s 138(1) Land Transfer Act 2017; therefore Mr Keesing did not have a caveatable interest that could sustain the caveat and the application to sustain the caveat is dismissed; alternatively, even if arguable, the court would have allowed the sale to proceed on condition that the net proceeds be held on trust pending determination of the substantive dispute.