2 May 2014
PAUGRA HOLDINGS LIMITED (IN LIQUIDATION) v HARVESTFIELD HOLDINGS LIMITED CA384/2013 [2014] NZCA 164
- Citation
- (2014) 15 NZCPR 227
- Court
- Court of Appeal
The Court of Appeal held that on the material before it Paugra had a reasonably arguable case that the 2009 transfer was non-consensual and procured by fraud so as to give rise to an institutional constructive trust in respect of the unpaid purchase moneys; section 67 did not incontrovertibly bar such a proprietary claim in these circumstances, so the High Court's refusal to sustain the caveat was set aside and the caveat ordered not to lapse, with the matter remitted for further pleading and trial preparation.