IN THE HIGH COURTOF NEW ZEALAND AUCKLAND REGISTRY
CIV-2014-404-3012 [2015] NZHC 686
UNDER the Land Transfer Act 1952 IN THE MATTER OF
Caveat no. 9528199.1
BETWEEN
TONY JUN HUANG Applicant
AND
YUEN YING CHUNG AND WONG & BONG TRUSTEE COMPANY LIMITED Respondents
Hearing: 16, 26 and 30 March 2015 Appearances:
Grant M Illingworth QC with David Liu for the Applicants
James M Skinner for the RespondentsJudgment:
15 April 2015
JUDGMENT OF ASSOCIATE JUDGE R M BELL
This judgment was delivered by me on 15 April 2015 at 2:00pm
Pursuant to Rule 11.5 of the High Court Rules
………………………………………….
Registrar/Deputy Registrar
Solicitors:
Yu Lawyers (David Liu) Auckland, for Applicants
Hooker Law (James Skinner) Albany, Auckland, for Respondents
Counsel:
G M Illingworth QC, Auckland, for Applicants
HUANG v CHUNG AND WONG & BONG TRUSTEE COMPANY LIMITED [2015] NZHC 686 [15 April
2015]
[1] Tony Jun Huang applies under s 145A of the Land Transfer Act 1952 to sustain caveat 9528199.1 against the title to the property at 231 Maraetai Drive, Maraetai. The caveat claims this interest:
A beneficial interest in the land comprised in the abovenamed certificate of title as cestui que trust by virtue of a resulting trust between the caveator and the registered proprietors.
The respondents, the registered proprietors, are the trustees of the GBACO Family Trust established under a trust deed of 11 March 2013. One of them, Yuen Ying Chung (Bonnie Chung), lives in the property.
[2] The context for the application is a relationship property dispute between Mr Huang and Cho Hui Chung (May Chung), Bonnie’s mother. They began living together in the late 1990s and married in 2010. They separated in August 2013.
[3] In March 2015 May Chung agreed to buy the Maraetai Drive property but nominated the trustees to take title. Mr Huang says that the funds used to buy the property can be brought into account in a division of relationship property. There is a substantive relationship property proceeding in this court.1 He has lodged the caveat to protect his claim in respect of the funds Ms Chung used to buy the Maraetai property. In my judgment, he has used the wrong tool. He does not have a
caveatable interest in the Maraetai Drive property, but he has alternative protection by a notice of interest under s 42 of the Property (Relationships) Act 1976.
Facts
[4] Caveat applications are unsuitable for deciding disputed questions of fact. The court is concerned only to find out whether the caveator has an arguable case for the interest claimed. In addition to the affidavits in the caveat application, I have been provided with copies of evidence filed in the substantive proceeding. Ms Chung and Mr Huang differ on many factual aspects. In setting out the facts,
I am recording matters which are reasonably arguable for Mr Huang. In doing that,
1 Huang v Chung HC Auckland, CIV-2013-404-4797.
I also recognise that Ms Chung’s version is also reasonably arguable. I am not
required to decide…
Continue reading Huang v Chung
Sign in free to access the full text
- AGLC
- Huang v Chung [2015] NZHC 686
- Case
- [2015] NZHC 686
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.