10 Oct 2013
TREADGOLD v TREADGOLD [2013] NZHC 2639
- Citation
- [2013] NZHC 2639
- Court
- High Court
On the available evidence the caveators (Gary and Mark) demonstrated an arguable beneficial interest traceable from the Auckland sale through the Christchurch property into the Akaroa property and the retirement of Rex as trustee did not extinguish that equitable interest; the Court was not satisfied it should exercise its discretion to remove the caveat and therefore sustained the caveat but imposed conditions to protect competing interests and to require timely pursuit of any challenge to the option agreement.