4 Dec 2013
R L PAUL v C G PAUL [2013] NZHC 3231
- Citation
- [2013] NZHC 3231
- Court
- High Court
The caveat was dismissed because contemporaneous documents and Companies Office records sufficiently supported the respondent's account that the $50,000 advance was repaid by share transactions or otherwise accounted for, the applicant failed to establish an arguable caveatable proprietary interest or reliable contemporaneous evidence of non‑repayment, and the caveat process was inappropriate to decide a 17‑year disputed debt which should be litigated in ordinary proceedings.