23 Oct 2013
LIM SEOK EE BERENICE v 125 GILLS LTD [2013] NZHC 2779
- Citation
- [2013] NZHC 2779
- Court
- High Court
The caveat failed because it did not describe the claimed purchaser's lien with sufficient certainty as required by s 137; however it was arguable that a purchaser's lien arose on termination of the option agreement and that clause 9.4 could be narrowly construed so as not to extinguish a lien created on termination, therefore leave was granted under s 148 to lodge a properly drafted second caveat while the current statutory caveat was ordered to lapse at the specified time.