16 Nov 2023
HOMESTEAD BAY TRUSTEES LIMITED v FIORDLAND EXPERIENCE GROUP LIMITED [2023] NZHC 3248
- Citation
- [2023] NZHC 3248
- Court
- High Court
Although multiple factual and legal issues were unresolved on a summary application, the court concluded that regardless of whether HBTL's avoidance argument succeeded, FEG's pleaded counterclaim objectively and unequivocally communicated an election to cancel the Replacement Agreement; in either event the Replacement Agreement was at an end and FEG no longer had a caveatable interest, so the caveat had to be removed.