15 Dec 2016
L WEST v ONEW GROUP LIMITED [2016] NZHC 3066
- Citation
- [2016] NZHC 3066
- Court
- High Court
The caveat was sustained because there is a reasonably arguable equitable interest: disputed expert evidence and unresolved factual questions about whether the vendor complied with its contractual and RMA-related obligations (including further terms obliging it to obtain and implement consents) make summary removal inappropriate; the vendor had not demonstrated it had taken required steps or that specific performance was unavailable or futile.