8 Jun 2009
WESTPAC NEW ZEALAND LIMITED V TAPAERURANGI HAPU INC AND ANOR HC HAM CIV 2009-419-000672
- Citation
- openlaw-0826f050_1357_47d4_a119_136a959a3d4e.pdf
- Court
- High Court
The caveat claimed no priority to the registered mortgage and therefore could not impede registration of a transfer executed by the mortgagee pursuant to its power of sale; under s143 the court ordered the caveat to lapse and be removed upon registration of that transfer; monetary relief and costs were not ordered because the second respondent is bankrupt and monetary orders are stayed; the discrete request to require naming of members of the first respondent was adjourned to permit legal advice.