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…
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- Case
- [2025] NZHC 1856
- Decision Date
CaseChat Overview and Summary
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
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
Legal Principle Established
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