Nuku v Taylor [2014] NZHC 30 (30 January 2014)

Last Updated: 11 March 2014

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

AND LOMA 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