New Zealand Case Law: Decisions & Judgments

Topic

Section 105 land transfer act 1952

Legal area

Court

30 Sept 2016

LEPIONKA & COMPANY INVESTMENTS LTD v HORSESHOE BEND HAWKES BAY LTD _x000b_[2016] NZHC 2318

Citation

[2016] NZHC 2318
Court

High Court

Horseshoe failed to demonstrate an arguable proprietary interest in Lot 7 under the sale agreements: the contracts either vested ownership of Lot 7 in a lot owner or contemplated a company to be incorporated by the vendor (not Horseshoe), and Horseshoe was not the vendor nor incorporated the company; Lepionka as mortgagee in possession validly adopted vendor rights under s 179 PLA and may transfer free of the caveat under s 105 LTA; consequently the caveat could not be maintained and was ordered removed.
16 Dec 2013

AORANGI FORESTS LTD v VEGAR-FITZGERALD [2013] NZHC 3370

Citation

[2013] NZHC 3370
Court

High Court

Neither BNZ nor AFL gave consent to VPL's sale to the respondent: BNZ's purported consent was conditional on receipt of approved net sale proceeds which did not occur, and AFL did not give written prior consent nor did its agent have authority to consent; therefore mortgagees' rights prevail and the respondent's caveat cannot be maintained and must be removed under s 143 LTA.
18 Oct 2012

NAGS HEAD HORSE HOTEL LTD V FOREST TRUSTEE LTD HC AK CIV-2012-404-001739

Citation

openlaw-cfb1bff3_1e12_44f3_9e8a_27fb6ba690e5.pdf
Court

High Court

There was a serious question to be tried as to priority because the transfers and surrounding arrangements indicated the purchaser EOTL was not a bona fide arm's-length purchaser but part of transactions controlled by the Mawhinney group, so equitable rights under the rule in Otter v Vaux could bind the purchaser; the balance of convenience and interests of justice required preservation of the status quo pending the summary judgment hearing, therefore an interim injunction restraining dealings affecting mortgage 7998827.2 was granted.

New Zealand Case Law

LEPIONKA & COMPANY INVESTMENTS LTD v HORSESHOE BEND HAWKES BAY LTD _x000b_[2016] NZHC 2318

AORANGI FORESTS LTD v VEGAR-FITZGERALD [2013] NZHC 3370

NAGS HEAD HORSE HOTEL LTD V FOREST TRUSTEE LTD HC AK CIV-2012-404-001739