11 Mar 2020
SARAH PATRICIA SPARKS v OLLIVER TRUSTEE COMPANY LIMITED (In Liquidation) [2020] NZHC 486
- Citation
- [2020] NZHC 486
- Court
- High Court
Both applications were dismissed because the applicant failed to establish any arguable interest in either property under s42 PRA: there was no evidence of direct or indirect contributions causally related to acquisition, preservation or enhancement, a constructive trust claim does not sustain a s42 notice, and the BNZ as registered mortgagee has priority and valuations show no equity to protect, so the court would not exercise its discretion to permit or preserve the notices.