7 Sept 2021
TERRY CECIL LANGE v DEBRA GISELLA LANGE [2021] NZCA 447
- Citation
- [2021] NZCA 447
- Court
- Court of Appeal
The Court held the Australian judgment was not a proceeding the subject matter of which was the Kaitaia immovable property because the proceeding produced in personam remedies (setting aside a deed of forgiveness and ordering payment of money) and merely brought the property value into the asset pool; therefore s 61(2)(c) did not apply and registration was valid; delay in seeking to set aside registration and the absence of a proper public policy or jurisdictional objection reinforced dismissal.