New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

S142 land transfer act 2017

  • 13 May 2020

    CHINAPPA v NARAIN [2020] NZHC 978

    Citation
    [2020] NZHC 978
    Court
    High Court

    The applicants failed to discharge the burden to show the court could be completely satisfied that removal of the caveat would not prejudice the caveator; given the arguable equitable claim, the extended family context and absence of an alternative accommodation for the caveator’s interest, the discretion to remove the caveat was not exercised and the application was dismissed, but the caveator was ordered to pursue her substantive proceedings expeditiously and applicants were given leave to reapply if she does not.

  • 12 Sept 2019

    CHEW v LAU [2019] NZHC 2290

    Citation
    [2019] NZHC 2290
    Court
    High Court

    The court removed the caveat by Tien Pick Ing because the supporting documents were more likely than not signed by Mr Lau without the registered owner's authority and did not create a charge on the land; the notice lodged by Ee Kuoh Lau was removed because any claim vested in the Official Assignee on his adjudication and no claim was being pursued; and the charging order in favour of Moncrieff Pastoral Ltd was removed because it had lapsed by operation of law and the company had been struck off, thus authorising removal under s142 LTA.

  • 9 Sept 2019

    TIAN v ZHANG & ORS [2019] NZHC 2231

    Citation
    [2019] NZHC 2231
    Court
    High Court

    The Court held on the balance of probabilities that the defendant's contributions towards the deposits were not proven to be outright gifts but were made in contemplation of marriage and are impressed with resulting trusts in favour of the defendant to the extent of his contributions; the Court quantified the defendant's total contribution as $568,522.52 and apportioned it between the four properties (Corunna $207,565.63; English Oak $130,805.63; Red Oak $104,456.63; Scarlet Oak $125,694.63); accordingly the defendant is entitled to maintain caveats securing those equitable interests; claims…