New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Removal/lapse of caveat

Legal area

Court

7 Feb 2023

FRENCH v DOLBEL [2023] NZHC 91

Citation

[2023] NZHC 91
Court

High Court

The Court held it lacked jurisdiction in these specific performance proceedings to order removal of the caveat because removal or lapse of a caveat must be pursued through the statutory mechanisms in ss 142 or 143 of the Land Transfer Act 2017 and by originating application under High Court Rules r 19.2 in the appropriate Caveat Proceedings; accordingly the Court stayed the proceedings and sustained the caveat until further order in the Caveat Proceedings.
12 May 2006

BOYLE V ROWLAND-JONES AND ROWLAND-JONES HC WANG CIV-2006-483-008

Citation

openlaw-99d7d5d7_b7b7_4699_a717_98e61a061b29.pdf
Court

High Court

The applicant failed to establish a reasonably arguable case that an enforceable option existed: the communications show only an informal 'gentlemen's agreement', the Contracts Enforcement Act required a signed memorandum which was absent, and there was no evidence Mr Rowland-Jones had authority to bind the co-trustee; therefore the caveat could not be sustained and must lapse.