New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Consent to leases

Legal area

Court

10 May 2012

WESTPAC NEW ZEALAND LIMITED V LAW HC AK CIV-2012-404-991

Citation

openlaw-8cacd471_919c_4e6b_a095_872a9212ba30.pdf
Court

High Court

Westpac's registered mortgages and lack of consent to the caveator's agreements mean Westpac is entitled to exercise its power of sale and transfer title free of the caveator's claimed interests; because the caveats serve no useful purpose and the caveator's interests are subordinate, the court ordered removal of the caveats upon Westpac lodging an e-dealing transfer; costs awarded against Set Kien Law and further proceedings ordered to determine costs against the non-party orchestrator (Augustine Lau).
15 May 2009

CASHMERE CAPITAL LIMITED V CROSSDALE PROPERTIES LIMITED AND ORS CA CA730/2008

Citation

openlaw-897a80e7_1ff2_45c7_9505_ea969c271619.pdf
Court

Court of Appeal

The Court held Cashmere had not given the positive consent required to bind it to the respondents' occupancy agreements and thus the in personam exception did not apply; however the Retirement Villages Act 2003, as applied by the Order in Council under s103 and the consequent memorial under s21, operates to protect residents and restrict a mortgagee's rights under s22 where the mortgage was taken after the statutory cutoff, so the appeal was dismissed.