Pamela Bourne v John Baker [2016] NZFC 2668

Published 31 July 2016

Notice of Claim — Property (Relationships) Act 1976, s 42 — caveat — Land Transfer Act 1952, ss 137, 145. A Notice of Claim for interest against title under s 42 of the P(R) Act would remain, pending substantive determination of relationship property proceedings. The Notice of Claim, which pursuant to s 42 was treated as a caveat lodged pursuant to s 137 of the LT Act, was set to lapse pursuant to s 145. However, it would be highly prejudicial for the Notice of Claim to lapse prior to determination of relationship property matters.