IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
CIV-2013-404-2269 [2013] NZHC 2286
UNDER Section 145A of the Land Transfer Act
1945
BETWEEN ANGELINE DEEP NARAIN Applicant/Plaintiff
ANDAJNESH NARAIN CHINAPPA and VALASHNI VANDANA CHINAPPA Respondent/Defendant
Hearing: 28 August 2013
Appearances: A Kashyap for Applicant
S Sharma for Respondents
Judgment: 4 September 2013
JUDGMENT OF ASSOCIATE JUDGE J P DOOGUE
This judgment was delivered by me on
04.09.13 at 4.30 pm, pursuant to
Rule 11.5 of the High Court Rules.
Registrar/Deputy Registrar
Date……………
Solicitors:
A Kashyap, Barrister & Solicitor
Sanjay Sharma Barrister & Solicitor
NARAIN v CHINAPPA & ANOR [2013] NZHC 2286 [4 September 2013]
Background
[1] The applicant is the sister of the first named respondent. The second named respondent, the wife of the first named respondent, is her sister-in-law. A further person who must be mentioned is Ms Kaniamma Winter (Ms Winter) who is the mother of both the applicant and the first named respondent. The parties had been living together in rental accommodation up until 2008. It seems to be the case that there was a common wish that at some point they would be able to purchase a house which would be large enough to accommodate the four of them together with any children that might come along in the case of the respondents. At the time, the applicant was unmarried and it was expected that she would continue living with the family until she married.
[2] At the time of the events with which this application is concerned the applicants and the respondents were all in full time work. Their mother was on a WINZ benefit.
[3] In January 2009 one of the family purchased a Lotto ticket and won a share of the 1st division prize in the sum of $250,000. The applicant says that it was her ticket. I interpolate that it is her evidence that she applied part of the money to the purchase of property which is the subject of a caveat as I describe later in this judgment. There is a dispute about whether she won the Lotto or whether her mother did, so that it was the mother who made the contributions to the acquisition of the house-property, and not her.
[4] Be that as it may, there is no doubt that a payout was received from the Lotteries Commission. Considerable evidence was given concerning what happened about the money but it is clear that the $250,000 was initially paid by the Lotteries Commission directly into the account of the respondents. The explanation that the applicant gives concerning this aspect of the matter is, essentially, that it was her mother who took the Lotto ticket in to be checked and she was told that it had won a share of the first division prize of $250,000. When the mother visited the Lotto outlet she was accompanied by the second named respondent, her daughter-in-law. Further, although the mother had a bank account (either in her own right or jointly
with…
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- Narain v Chinappa [2013] NZHC 2286
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- [2013] NZHC 2286
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