New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Lapse application

Legal area

Court

1 Sept 2021

GALLO v SULTAN [2021] NZHC 2286

Citation

[2021] NZHC 2286
Court

High Court

The Court ordered the Notice of Claim shall not lapse but made that order conditional on the applicant commencing proceedings to resolve relationship property issues within 42 days if the issues are not resolved by agreement; the Court reserved leave to the respondent to apply to have the Notice lapse if the condition is not complied with and reserved costs pending further memoranda on the respondent's legal aid application.
14 Nov 2017

NGAVAEVAE v HARRISON [2017] NZHC 2788

Citation

[2017] NZHC 2788
Court

High Court

On the limited affidavit evidence the applicant has demonstrated a reasonably arguable factual and legal case that she was in a qualifying de facto relationship with the respondent and therefore has an arguable interest in the property under the Property (Relationships) Act; in the interests of justice the Notice of Claim (caveat) is to be sustained pending resolution at trial; leave reserved for the respondent to apply if the applicant does not prosecute the claim expeditiously and costs are awarded to the applicant on a 2B basis plus disbursements.