17 Nov 2021
ALI v WEST VILLAGE CAPITAL PARTNERS LTD & OR [2021] NZHC 3090
- Citation
- [2021] NZHC 3090
- Court
- High Court
On the summary threshold the applicant established a reasonably arguable case that an institutional common intention constructive trust may operate over the four Union Green units because the 2015 subscription agreement and conditional sale and purchase agreements created a reasonable proprietary expectation and equitable interest; material factual issues (including whether the sunset clause operated and whether Echinus complied with strict payment/notice requirements, and the priority effect of a mortgagee sale under s 103 LTA) remain unresolved and require trial; accordingly the caveat shou…