22 Aug 2013
ASB v LAMBERT [2013] NZHC 2135
- Citation
- [2013] NZHC 2135
- Court
- High Court
The agreement dated 28 March 2013 was a sham and therefore did not create any caveatable interest; the ASB's earlier registered mortgage had priority and its power of sale could proceed unimpeded, entitling the court to remove the caveat and grant permanent injunctive relief against Lambert's lodging of caveats; indemnity costs were warranted given repeated unmeritorious conduct.