IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
CIV-2014-404-001643 [2014] NZHC 3114
UNDER the Land Transfer Act 1952 IN THE MATTER OF
an application to remove caveats numbered 9455113.1 and 9645842.1 pursuant to section 143 of the Land Transfer Act 1952
BETWEEN
CIT HOLDINGS LIMITED Applicant
AND
GLOVER NO 2 LIMITED Respondent
Hearing: 15 September 2014
Additional Memoranda (by leave): 24, 27 and 28 November
2014Appearances:
G M Sandelin and K T Haemmerle for Applicant
R C Knight and T Chubb for RespondentJudgment:
5 December 2014
JUDGMENT OF ASSOCIATE JUDGE OSBORNE
on application to remove caveats
CIT HOLDINGS LIMITED v GLOVER NO 2 LIMITED [2014] NZHC 3114 [5 December 2014]
Index of names used
BNZ Bank of New Zealand CIT CIT Holdings Ltd (the applicant),
registered proprietor of the caveated properties
Colliers Colliers International NZ Ltd (valuers) Glover Trust the Glover Trust, of which Glover Trust
Corporation Ltd is trustee
Glover No 2 the Glover No 2 Trust, established by Ms
Sparks, of which Glover No 2 Ltd is currently trustee
IRD Inland Revenue Department Mr Olliver Gregory Martin Olliver Mr Thomas Donald Bruce Thomas (solicitor) Ms Sparks Sarah Patricia Sparks (married name,
Olliver)
Waimarie JV a joint venture agreement entered into on
March 2009
Waimarie Trust the Waimarie Trust, of which Waimarie
Trust Ltd is currently trustee.
Introduction
[1] Ms Sparks and Mr Olliver had a marriage, soon to be (if not already) dissolved. Mr Olliver has come and gone through financial difficulties, reaching a nadir when in early 2009 he had to make a proposal under Part 5 of the Insolvency Act 2006.
[2] Ms Sparks and Mr Olliver have experience as property developers. Mr Olliver’s interests had, before 2009, acquired a number of adjoining properties at St Heliers, Auckland (the Waimarie properties) for development.
[3] This proceeding concerns caveats which Ms Sparks arranged for Glover No 2 to lodge against the titles to the Waimarie properties. Glover No 2 is a trust established by Ms Sparks.
[4] CIT Holdings Ltd (CIT) is the registered proprietor of the Waimarie properties and made this application for an order that the caveats be removed.
Amendment of the heading of this proceeding
[5] CIT commenced the proceeding by naming itself as plaintiff and Glover No 2 as defendant. As this is an originating application, and upon discussion with counsel, I made an oral order at the commencement of the hearing amending the description of the parties to be respectively “applicant” and “respondent” as now shown in the intituling to this judgment.
The Waimarie properties – a short history
The properties
[6] When Mr Olliver’s insolvency proposal was being pursued in 2009, Mr Olliver and Ms Sparks embarked upon arrangements to have Mr Olliver drop out of both legal and beneficial ownership of assets held by them or their interests.
The Waimarie Joint Venture
[7] Central to their arrangements was a joint venture agreement of March 2009 (the Waimarie JV) to which the Glover Trust and the Waimarie Trust…
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- [2014] NZHC 3114
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