New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Joint family homes

Legal area

Court

10 Sept 2021

COWAN v COWAN [2021] NZCA 463

Citation

[2021] NZCA 463
Court

Court of Appeal

The caveat was correctly removed because the appellants failed to provide an undertaking as to damages of demonstrable value as required by the Court of Appeal; an arguable equitable interest in the property cannot supply value for an undertaking whose purpose is to protect the respondent if the caveator loses, and the High Court had no power to relax the appellate condition.
2 Apr 2014

R H MELVILLE, A J FARRINGTON, S FISHER and A CORNELIUS v L WEN & ORS [2014] NZHC 630 [2 April 2014]

Citation

R H MELVILLE, A J FARRINGTON, S FISHER and A CORNELIUS v L WEN & ORS [2014] NZHC 630 [2 April 2014]
Court

High Court

The caveat was refused because applicants, as potential discretionary beneficiaries, did not demonstrate a proprietary (caveatable) interest in the Trust property; the trustees had authority under the trust deed to transfer the property and the interlocutory material did not establish knowing receipt or undue influence sufficient to sustain the caveat or justify its retention on balance of convenience.