McMahon v McMahon - [1996] 3 NZLR 334

Family and domestic relationships — De facto marriage — Property registered in name of one party only — Contributions by other party — Requirements to be established for that party to acquire beneficial interest — Whether such requirements established.

Equity — Unconscionable conduct — Property registered in name of one party only — Requirements to be established for one party to acquire an interest — Circumstances in which denial by other party constitutes unconscionable conduct.

Property law — Caveat — Court finding caveatable interest established — Court's discretion to discharge caveat — Whether exceptional circumstances required before discretion can be exercised.

Property law — Joint tenancy — Application for sale or partition — Whether Court has residual discretion to refuse order for sale — Property Law Act 1952, s 140.

Practice and procedure — Summary judgment — Absence of arguable defence — Whether Court has discretion to refuse summary judgment.