1 Mar 2018
Because the caveator failed to file the required High Court application and notify LINZ within the 14‑day period and failed to obtain any interim or final order within the 28‑day period, the caveat lapsed and the Court, lacking jurisdiction to extend those statutory time limits, must dismiss the application to sustain the caveat.
30 Nov 2011
Costs were awarded to the respondents but reduced from the amounts claimed because the s145A items were largely justified while the s148 claims were excessive due to late service, absence of a bundle or lists, and lack of justification for second counsel; a two day allowance (one day commencement and one day hearing preparation) for s148 was reasonable, resulting in certified costs of $3,572.00 for the s145A application and $4,700.00 for the s148 application (total $8,272.00) plus disbursements $33.69.
2 Jun 2011
Application was timely because registry accepted facsimile filing with trust cheque and payment to follow; applicant established a minimally arguable caveatable interest (bare trust) but Court exercised discretion to remove the caveat because delay in lodging, commercial nature of property, accepted arm's length sale at market value and real prejudice to purchaser and mortgagees outweighed claimant's interests and damages or a net proceeds fund would adequately protect the applicant.