5 Apr 2017
CHEN v PL TRUSTEE (NO.2) LIMITED [2017] NZHC 653
- Citation
- [2017] NZHC 653
- Court
- High Court
On the undefended evidence the court was satisfied there was an arguable beneficial interest in the land arising from the oral agreement converting the $120,000 loan into a $130,000 proprietary stake, supported by forbearance as consideration; absence of a pleaded writing defence and lack of opposing evidence meant the caveat must be sustained pending prosecution of the claim.