New Zealand Case Law: Decisions & Judgments | LexChat

Topic

In personam claims

Legal area

Court

23 Sept 2020

EPSOM WOODS LIMITED v WAITAKERE FARMS LIMITED [2020] NZSC 99

Citation

[2020] NZSC 99
Court

Supreme Court

Leave to appeal dismissed because the proposed appeal raised no matter of general or public importance; the Court of Appeal correctly applied the established three-limb test for in personam claims and on the facts Epsom could not establish unconscionable conduct—mere notice of an unregistered interest did not suffice to defeat indefeasibility.
10 Jun 2020

EPSOM WOODS LIMITED v WAITAKERE FARMS LIMITED [2020] NZCA 226

Citation

[2020] NZCA 226
Court

Court of Appeal

The Court held that the registered proprietor (WFL) was entitled to summary judgment because under ss 62 and 105 of the Land Transfer Act a purchaser from a mortgagee takes title free of unregistered interests absent actual fraud or unconscionable conduct; mere knowledge of an unregistered claim does not constitute fraud or unconscionability and Epsom Woods failed to plead or evidence the necessary unconscionable conduct to sustain an in personam claim.