Nuku v Taylor

[2014] NZHC 30

IN THE HIGH COURT OF NEW ZEALAND NEW PLYMOUTH REGISTRY

CIV-2014-443-000001 [2014] NZHC 30

IN THE MATTER             of Section 143 of the Land Transfer Act

1952

BETWEEN  JEAN TE URUHAU NUKU Plaintiff

ANDLOMA EMIRI TAYLOR and PETER DAVID TAYLOR

Defendants

Hearing:                   30 January 2014

Appearances:           G J Toebes for Plaintiff

R T Wilson for Defendants

Judgment:                30 January 2014

JUDGMENT OF COURTNEY J

This judgment was delivered by Justice Courtney on 30 January 2014 at 4.00 pm

pursuant to R 11.5 of the High Court Rules

Registrar / Deputy Registrar

Date…………………………

NUKU v TAYLOR [2014] NZHC 30 [30 January 2014]

[1]      The plaintiff, Jean Te Uruhau Nuku, has applied for an order that the caveat numbers 9609854.1 registered over land in certificate of title TN243/73 (Taranaki registry) known as 236 Smart Road, New Plymouth, be either rejected from registration  or,  if  it  is  registered,  then  her  solicitors  be  authorised  to  sign  a withdrawal of it.  I heard this matter urgently this morning, with counsel attending by telephone.   The application required urgent attention because there is a sale and purchase agreement over the subject property which is due to be settled tomorrow,

31 January 2014.

[2]      As I indicated to counsel, it is my intention to give a decision today with my reasons  to  follow.    I have  reached  the  view  that  it  is  reasonably arguable  that Mrs Nuku  holds  the  property  subject  to  a  constructive  trust  in  favour  of  the

defendants who have lodged the caveat. The application is therefore refused.

P Courtney J