2 Jun 2021
COWAN v COWAN [2021] NZHC 1291
- Citation
- [2021] NZHC 1291
- Court
- High Court
The caveat was removed because the Court of Appeal condition requiring an undertaking as to damages was not substantially complied with and no evidence established the undertaking's value; however the Court found the respondents have a reasonably arguable beneficial interest under the 2002 Agreement and, as a protective measure, ordered caveat removal subject to the condition that net sale proceeds be held on interest‑bearing deposit in a solicitor's trust account and made consent orders as to specific performance to lie in court pending final determination.