15 May 2009
CASHMERE CAPITAL LIMITED V CROSSDALE PROPERTIES LIMITED AND ORS CA CA730/2008
- Citation
- openlaw-897a80e7_1ff2_45c7_9505_ea969c271619.pdf
- Court
- Court of Appeal
The Court held Cashmere had not given the positive consent required to bind it to the respondents' occupancy agreements and thus the in personam exception did not apply; however the Retirement Villages Act 2003, as applied by the Order in Council under s103 and the consequent memorial under s21, operates to protect residents and restrict a mortgagee's rights under s22 where the mortgage was taken after the statutory cutoff, so the appeal was dismissed.