New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Consent to sale

Legal area

Court

19 Dec 2013

AORANGI FORESTS LIMITED v PATRICIA ANNE VEGAR-FITZGERALD [2013] NZHC 3515

Citation

[2013] NZHC 3515
Court

High Court

Interim relief was granted because removal of the caveat would likely render any appeal nugatory, the respondent was ordered to file her appeal and related applications forthwith, and the applicant would not be unduly prejudiced because its agreement contains a sunset clause to 30 June 2014; accordingly the Registrar-General was restrained from removing the caveat until 14 February 2014 or further order.
16 Dec 2013

AORANGI FORESTS LTD v VEGAR-FITZGERALD [2013] NZHC 3370

Citation

[2013] NZHC 3370
Court

High Court

Neither BNZ nor AFL gave consent to VPL's sale to the respondent: BNZ's purported consent was conditional on receipt of approved net sale proceeds which did not occur, and AFL did not give written prior consent nor did its agent have authority to consent; therefore mortgagees' rights prevail and the respondent's caveat cannot be maintained and must be removed under s 143 LTA.