New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Relationship property contributions

Legal area

Court

31 May 2010

RICHARD STEWART HAYES V CHRISTINE ANN BURR HC AK CIV 2010-404-002769

Citation

openlaw-9e0f9585_dbe6_480c_a285_365b44255ecd.pdf
Court

High Court

The caveat was removed because the Court found the applicant would not suffer material prejudice if the caveat was released: alleged accounting and disclosure disputes could be resolved while sale proceeds were held by a stakeholder, adequate notice had been given, and the trustee had both duty and incentive to obtain the best price.
31 May 2010

RICHARD STEWART HAYES V CHRISTINE ANN BURR HC AK CIV 2010-404-002769

Citation

openlaw-e23d0797_dcad_4091_a90f_dd5d3b30d09b.pdf
Court

High Court

The court concluded the applicant would not be prejudiced if the caveat was removed because the respondent proposed sale by a reputable agent, offered stakeholder arrangements for sale proceeds (preventing dissipation), adequate notice under the trust deed was given, and outstanding contribution disputes can be resolved after sale with the court directing distribution if necessary; accordingly the caveat was dismissed and proceeds to be held by stakeholders.