New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Shareholding

  • 6 May 2022

    PATEL v GBCD PROPERTY LIMITED [2022] NZHC 931

    Citation
    [2022] NZHC 931
    Court
    High Court

    The caveat was sufficiently certain and linked to the registered owner; there was a reasonably arguable case that the joint venture parties retained equitable proprietary interests in the properties and that those interests could have been preserved as an implied (resulting or constructive) trust on GBCD as registered proprietor; the deed of settlement did not conclusively demonstrate termination of the joint venture rights between Patel and Krishnamurthi; and the Court would not exercise its residual discretion to remove the caveat because the applicant would be prejudiced by possible dissip…

  • 29 Nov 2018

    GRAY v BAST HOLDINGS LIMITED [2018] NZHC 3116

    Citation
    [2018] NZHC 3116
    Court
    High Court

    The application was dismissed because the MOU and surrounding circumstances showed the parties intended returns to be delivered by shareholding in the special purpose company (BAST) not by conferring beneficial interests in the land itself; accordingly Mr Gray could not show a reasonably arguable claim to a resulting or constructive trust in the properties and Mahon v The Station at Waitiri establishes that an agreement for shares cannot found a caveatable interest in company land.

  • 19 Dec 2016

    SHARROCK v WEDD [2016] NZHC 3121

    Citation
    [2016] NZHC 3121
    Court
    High Court

    Plaintiffs entitled to costs as successful parties on the summary judgment; defendant's procedural defaults (late service), unauthorised filing of a notice of discontinuance and pursuit of a meritless recall justified an increase above scale but did not reach the high threshold for indemnity costs; award made on 2B scale increased by 20% plus disbursements fixed by the Registrar, including costs for the opposition memorandum to the recall application.