Lees v Prebble

[2021] NZHC 2879

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

CIV-2021-409-434

[2021] NZHC 2879

BETWEEN

CARALYN HELEN LEES

Applicant

AND

CORRIN JANE PREBBLE

Respondent

Appearances:	C G Mullins for Applicant K W Clay for Respondent
Judgment:	28 October 2021
(Determined on the papers)

JUDGMENT OF OSBORNE J

[1]    The respondent, Corrin Prebble, is the registered proprietor of a residential property at 2/20 Apollo Place, Papanui, Christchurch under Record of Title CB10K/845, Canterbury Land Registry.

[2]    On 9 March 2021, the applicant, Caralyn Lees, lodged a caveat Instrument No 12044375.1 against the title to the property. It was to protect an interest which she asserts she has in the property by reason of arrangements she entered into with the respondent (her sister) when they agreed to purchase the property from third parties in 2017.

Application

[3]    The applicant seeks an order under s 143 Land Transfer Act 2017 that the caveat not lapse.

LEES v PREBBLE [2021] NZHC 2879 [28 October 2021]

[4]    Through counsel, the respondent accepted that the applicant has an interest in the property. An interim order was made on 27 September 2021 that the caveat not lapse pending further order of the Court.

Resolution

[5]The parties have now agreed that the order be made final.

Judgment

[6]By consent I order:

(a)Caveat Instrument No 12044375.1 lodged against Record of Title CB10K/845 Canterbury Land District, shall not lapse; and

(b)there is no order as to the costs and disbursements of the proceeding.

Osborne J

Solicitors:
Godfreys, Christchurch

Tim Holton Law, Christchurch