27 Jul 2020
INFINITY ENTERPRISES NZ LIMITED v KINARA TRUSTEE LIMITED [2020] NZCA 309
- Citation
- [2020] 3 NZLR 626
- Court
- Court of Appeal
Appeal allowed: court held Kinara did not prove an easement by implied grant survived to 2007, Infinity did not take title with LTA fraud, and the estoppel by silence failed because Kinara had constructive notice from the register so there was no duty on Infinity to speak; accordingly indefeasibility of Infinity's registered title prevailed.