New Zealand Case Law: Decisions & Judgments | LexChat

Topic

S 145a land transfer act 1952

Legal area

Court

14 Apr 2016

LI v YAN [2016] NZHC 657

Citation

[2016] NZHC 657
Court

High Court

Contemporaneous documents (settlement statement, solicitor's trust account entries and solicitor's written acknowledgement) demonstrated the deposit and settlement funds were paid by the purchaser; applicant failed to establish a reasonably arguable case that the respondent holds the property as trustee for the applicant and Joe Yan, therefore the caveat could not be maintained and the application to sustain it was dismissed.
13 May 2015

WANHILL v WANHILL [2015] NZHC 1012

Citation

[2015] NZHC 1012
Court

High Court

The plaintiff failed to show an arguable caveatable interest in the George Street property and, in any event, there was no practical purpose in sustaining the caveat because the mortgagee ANZ had priority and the sale produced no equity to satisfy the plaintiff, so the caveat must lapse.
30 Jan 2013

MARILYN KAY WILD V DJ TURNER HC WN CIV-2012-485-2471

Citation

openlaw-1dd86aa7_0ba8_4919_899a_3c414e24f3f7.pdf
Court

High Court

Applicant has demonstrated a reasonably arguable caveatable interest under the settlement agreement in respect of the respondent's property and there is no opposition; accordingly the caveat should not lapse and the court grants the application to prevent lapse until the settlement obligation is satisfied.