8 Jun 2020
KUANG v CAI [2020] NZHC 1255
- Citation
- [2020] NZHC 1255
- Court
- High Court
Payments of $57,500 and $155,000 did not create proprietary interests in 64 Juniper Road capable of supporting a caveat: the payments were either conditional/for a failed purpose giving rise to restitutionary (in personam) claims, or were paid by a trustee company (for the $155,000) not the applicant; no resulting or Quistclose trust arose because the recipient had free disposal of the funds; therefore the caveat could not be sustained and must be removed (the court would, in the exercise of discretion, have ordered substitution of a fund of $63,500 if an arguable proprietary interest for $57…