1 Jun 2022
GREEN & MCCAHILL HOLDINGS LIMITED v ARA WEITI DEVELOPMENT LIMITED [2022] NZCA 218
- Citation
- (2002) 23NZCPR 259
- Court
- Court of Appeal
The Court concluded it was not patently clear the caveats could not be maintained: although the contractual and factual matrix weighed against inferring ongoing fiduciary obligations and the mortgagee sale posed a substantial obstacle to tracing, the appellant's constructive trust/knowing receipt case was not so unarguable as to warrant denying reinstatement of caveats; accordingly the appeal was allowed, leave to adduce further evidence granted, and the question of re-imposing caveats and appropriate conditions remitted to the High Court