3 Dec 2021
HOUNSLOW HOLDINGS LTD v CASSINY LANDS LTD [2021] NZHC 3304
- Citation
- [2021] NZHC 3304
- Court
- High Court
The caveats were removed because the caveator failed to establish any reasonably arguable proprietary interest in the land to support a caveat — the constructive trust/unjust enrichment case was not tenable given the contract cancellation and timing of nomination and contributions, CLL's actions constituted an abuse of process in lodging successive caveats, and the appropriate relief was removal of the caveats, restraint on further caveats, an undertaking to hold the $300,000 deposit with interest, and indemnity costs to the applicant.