New Zealand Case Law: Decisions & Judgments

Topic

Section 143 land transfer act 2017

Legal area

Court

30 Sept 2021

KLIMENKO v KLIMENKO [2021] NZHC 2592

Citation

[2021] NZHC 2592
Court

High Court

The caveats do not lapse on summary application because the caveator has shown a reasonably arguable beneficial interest through substantial financial contributions and potentially a remedial constructive trust; removal would risk prejudicing that legitimate interest. The not-lapse order is interim and conditional on the caveator promptly issuing and diligently pursuing substantive proceedings to determine the interest.
16 Sept 2021

MO v YANG & Others [2021] NZHC 2426

Citation

[2021] NZHC 2426
Court

High Court

The interlocutory s 143 application is treated as an originating application for costs purposes; however, because the application arose within existing proceedings and respondents did not start from scratch, a reduced allowance (band A one day) for the filing/notice item is appropriate; item for first case management conference was disallowed as irrelevant; no separate allowance for costs memoranda was appropriate; award costs $2,868 and disbursements $110 to respondents.
23 Dec 2020

TATA HOUSING LTD v TATA [2020] NZHC 3495

Citation

[2020] NZHC 3495
Court

High Court

The Declaration of trust created a sufficiently arguable equitable interest in favour of THL (a bare trust) to support the caveat and the respondents failed to show that allowing the caveat to lapse would not prejudice THL's legitimate interests; accordingly the court exercised its discretion to refuse to allow the caveat to lapse.

New Zealand Case Law

KLIMENKO v KLIMENKO [2021] NZHC 2592

MO v YANG & Others [2021] NZHC 2426

TATA HOUSING LTD v TATA [2020] NZHC 3495