13 Apr 2022
CUMMINS v BODY CORPORATE 172108 [2022] NZHC 774
- Citation
- [2022] NZHC 774
- Court
- High Court
The application to remove the Body Corporate's caveat was dismissed: the Court, exercising its discretion cautiously, was not satisfied that removal would not prejudice the Body Corporate's legitimate equitable interests given unresolved competing priorities and the litigation history; the applicant's evidence of urgent credible refinancing was inadequate and the application constituted an abuse of process and a collateral attempt to circumvent prior 'pay now, argue later' orders.
- Caveat
- Removal of caveat discretion
- Equitable lien and subrogation
- Statutory and insolvency set-off (s310)
- Abuse of process
- Costs (indemnity vs ordinary)