7 Feb 2017
ANZ BANK NEW ZEALAND LIMITED v TE KOOTI [2017] NZHC 90
- Citation
- [2017] NZHC 90
- Court
- High Court
The Bank's registered mortgage, given and registered in 2001, prevailed because there was no evidence the Bank had notice of or acted fraudulently in relation to any prior unregistered equitable interest claimed by the caveator; accordingly the claimed interest was defeated by operation of ss 62 and 182 of the Land Transfer Act 1952 and the caveat was properly removed, with the Bank's offer to hold surplus proceeds on trust addressing any genuine competing claims.