New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

S42 notice
  • 10 Sept 2012

    VIADUCT WATERFRONT INVESTMENT LIMITED V PATEL HC AK CIV-2012-404-1500

    Citation
    openlaw-775521d7_8f25_4ea6_a6b8_40b557391408.pdf
    Court
    High Court

    The Court ordered removal/lapse of the s42 notice and caveat over 55 Clyde Road (Browns Bay) to permit sale subject to detailed protective conditions because there was commercial necessity to permit the sale and a concurrent good arguable case that Praful Patel held some company shares on resulting/constructive trust for Mrs Patel; accordingly the Court granted tailored and non‑party discovery, imposed supervisory restrictions on company dealings and preserved leave to apply for further interlocutory relief pending substantive determination.