New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Correction of title

Legal area

Court

14 Oct 2016

COOK v ABDALLAH [2016] NZHC 2445

Citation

[2016] NZHC 2445
Court

High Court

The Court found on the evidence that Abdallah obtained the registered title by deliberate fraud and exploitation of the applicant's vulnerability; that finding brings the case within the s63 fraud exception to the indefeasibility provisions and authorises correction of the register under s85, including removal of caveats and reinstatement of the applicant as sole registered proprietor.
5 May 2016

WRIGHT & ORS v STOCKMAN [2016] NZHC 901

Citation

[2016] NZHC 901
Court

High Court

Given the respondent's permanent incapacity, the out‑of‑date title and that the proposed vesting alters governance only and not beneficial entitlements, the court was justified under s52 Trustee Act 1956 and Part 19 High Court Rules in making the procedural dispensations and a vesting order to correct title and appoint the three named siblings as trustees.