Qin v Awesome Home Limited - [2025] NZHC 1856

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2025-404-1015

[2025] NZHC 1856

UNDER the Land Transfer Act 2017

IN THE MATTER OF

an application for an order that a caveat not lapse

BETWEEN

YUEFA QIN

Applicant

AND

AWESOME HOME LIMITED

Respondent

Hearing: 1 July 2025

Appearances:

David Connor and Ms Oh for the Applicant Gregory Thwaite and Ms Teh for the Respondent

Judgment:

9 July 2025

JUDGMENT OF ASSOCIATE JUDGE C B TAYLOR

[Application for an order that caveat not lapse]

This judgment was delivered by me on 9 July 2025 at 3:00pm
pursuant to Rule 11.5 of the High Court Rules

………………………….
Registrar/Deputy Registrar

Solicitors:
Nolen Walters (James Nolen/Dala Oh), Auckland, for the Applicant Millennium Lawyers (Fei Fei Teh), Auckland, for the Respondent

Copy for:
David Connor, Auckland, for the Applicant Gregory J Thwaite, Auckland, for the Respondent

QIN v AWESOME HOME LIMITED [2025] NZHC 1856 [9 July 2025]

The application

[1] Yuefa Qin (Mr Qin) applies to sustain a caveat 13188506.1 (the Caveat) lodged over the property at 13 Kerema Way, Schnapper Rock, Auckland, Record of Title 170109 (the Property). The application is opposed by the respondent, Awesome Home Limited (AHL), on the basis that Mr Qin does not have any equitable interest in the Property and therefore the caveat cannot be sustained.

[2]The Caveat claims an interest:

The Caveator, Yuefa Qin, claims an equitable or beneficial interest in 13 Karema Way, Schnapper Rock, Auckland, being the land in Record of Title 170109, pursuant to a resulting trust arising from financial contributions made towards the purchase price and/or development of the property, of which the Registered Owner Awesome Home Limited is a trustee and the Caveator is the beneficiary.

[3]An interim order made on 13 May 2025 currently sustains the Caveat.

Background

[4] The applicant, Mr Qin, is retired and with his wife Ms Peijue Wang migrated from China to New Zealand to be near their daughter, Ms Gongyan Qin (Ms Qin), who was married to Mr Yizi Zhang (Mr Zhang). The marriage ended in 2022. Mr Qin and his wife granted Mr Zhang powers of attorney meaning he was able to make payments from, and deposits to, their personal bank accounts.

[5] Mr Qin says that on 21 September 2010, he and his wife purchased a property located at 807/11 Liverpool Street, Auckland (the Liverpool Street Property). The Property was registered in the name of Ms Qin and Mr Zhang, but a deed of trust was signed by Mr Qin and Mr Zhang on 17 September 2010 recording that the Liverpool Street Property was held on trust for Mr Qin and his wife.

[6] Mr Qin says that on 31 July 2017 Mr Zhang used money from Mr Qin and his wife’s ANZ joint account to facilitate the acquisition of a property located at 31 St Jude Street, Avondale (the St Jude Street Property). This…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2025] NZHC 1856
Decision Date: 9 July 2025

CaseChat Overview and Summary

In the High Court of New Zealand, Yuefa Qin, the applicant, sought to sustain a caveat lodged over the property at 13 Kerema Way, Schnapper Rock, Auckland, which was opposed by Awesome Home Limited (AHL), the respondent. The crux of the legal dispute revolved around whether Mr Qin had an equitable interest in the property sufficient to sustain the caveat, and if not, whether the Court should exercise its discretion to allow the caveat to lapse. The key legal principles involved the interpretation of the Land Transfer Act 2017, particularly Section 138, which governs caveats against dealings with land, and the principles of resulting trusts. The applicant argued that he had a resulting trust interest in the property based on financial contributions made towards its purchase, while the respondent contended that the applicant had no equitable interest and that the caveat should be removed.

The court found that Mr Qin had presented a reasonably arguable case for a resulting trust based on his financial contributions to the purchase of the property, along with an expectation of repayment and a share in the proceeds of sale. The conflicting evidence regarding the ownership of the funds, the intention behind the transfer, and the amount of repayment warranted resolution at trial. The court was cautious in exercising its discretion to remove the caveat, considering the potential prejudice to Mr Qin's interest if the caveat were to lapse. Consequently, the court sustained the caveat and ordered that it not lapse, with costs to follow the event.

Orders