26 Mar 2012
CHEN V ANZ NATIONAL BANK LIMITED HC AK CIV 2012-404-1014
- Citation
- openlaw-e4b3d2e2_1978_427d_8938_cc1f8b5f7168.pdf
- Court
- High Court
The agreements relied on by the caveator were executed after the respondent's registered mortgages and without the mortgagee's consent; the claimed interests have no priority over the registered mortgages and would not bind the mortgagee, and registration of the mortgagee's transfer pursuant to its power of sale will extinguish the mortgagor's interest that supported the caveat; therefore the caveat must lapse and be removed upon registration of the mortgagee's transfer.