16 Jun 2014
KIDD v WORLDWIDE LEISURE LIMITED [2014] NZHC 1351
- Citation
- [2014] NZHC 1351
- Court
- High Court
The caveats were sustained because there is an arguable basis that Worldwide Leisure Ltd held Huka Lodge as trustee from the outset (or that the property remained in the possession/control of the trustee van Heeren), placing the claim within s21(1)(b) of the Limitation Act 1950 so it is not time‑barred; accordingly a caveatable beneficial interest exists and the caveats will not lapse provided the applicant brings substantive proceedings or joins Worldwide Leisure Ltd to the existing proceeding.