4 Sept 2020
Patterson v Alsaloom [2020] NZHC 2307
- Citation
- (2020)21 NZCPR 361
- Court
- High Court
The caveat described the claimed interest with sufficient particularity given the parties' dealings and the JV proposal; the caveator established a reasonably arguable case that an institutional constructive trust arose from contributions and a shared expectation so it was not patently clear the caveat could not be maintained; accordingly the court ordered the caveat not to lapse and directed the caveator to commence substantive proceedings within 20 working days.
- Caveat against dealings
- Constructive trust
- Institutional constructive trust
- S143 lapse procedure
- Common intention/expectation