18 Sept 2014
Atkinson v Berry [2014] NZHC 2318
- Citation
- [2014] NZHC 2318
- Court
- High Court
The application to remove the caveat is held over; the caveat remains in place because the District Court proceeding, commenced in 2008, is still pending albeit vulnerable to strike out for want of prosecution and that vulnerability is a matter for the District Court under r 15.2; furthermore, the constructive trust claims would be subject to the six‑year limitation under s 21(2) such that a fresh proceeding would likely be statute‑barred, so resolution depends on whether the existing proceeding can be maintained; interim agreed orders permitting sale with stakeholder protections are appropri…