9 Jun 2023
LENDICH v CODILLA [2023] NZCA 222
- Citation
- [2023] NZCA 222
- Court
- Court of Appeal
The appeal is dismissed because it is not reasonably arguable that a resulting trust arose in favour of the appellant; contemporaneous documentation (including the memorandum of transfer acknowledging $1 consideration and a fencing covenant), the parties' conduct over decades, the solicitors' evidence and the appellant's post-death conduct (offer to buy back) rebut the presumption of a resulting trust and establish that both legal and beneficial ownership passed to the transferee; accordingly the caveat must lapse.