4 Sept 2014
MRS X v COMPANY A [2014] NZHC 2126
- Citation
- [2014] NZHC 2126
- Court
- High Court
Mrs X failed to discharge the burden of showing Mr X had a reasonably arguable beneficial interest in the Company A properties either by constructive trust or because Company A was a sham/alter ego; key reasons were absence of evidence that Mr X had the requisite reasonable expectation that Company A would yield an interest, the December 2008 sale to Company A was a commercial arms‑length transaction so any vendor entitlements were to payment or later share interests, and there was no evidence of a common intention to create a sham; accordingly the application to prevent lapse of the notice o…