12 Nov 2021
WILA DEVELOPMENTS (ORMISTON) LP v LU [2021] NZHC 3068
- Citation
- [2021] NZHC 3068
- Court
- High Court
The caveat was removed because Mr Lu could not establish the constructive trust alleged nor a caveatable interest over four of the five lots; deposits were held in the vendor's solicitors' trust account and the vendor validly cancelled the agreements for breach of contract and sunset clause as found in the prior judgment, so the caveat was unjustified. The Court therefore exercised its discretion to remove the caveat and prevent further caveats and ordered costs against Mr Lu.