17 Nov 2015
LEPIONKA & COMPANY INVESTMENTS LIMITED v ANDREW WILLIAM CLYDE COLTART [2015] NZHC 2849
- Citation
- [2015] NZHC 2849
- Court
- High Court
The court held Coltart had arguable caveatable interests (option and easements) but there was no evidence the mortgagee consented to those interests under s105 LTA; the mortgagee validly exercised statutory powers including cancellation under s178(2) PLA and adoption under s179 PLA and Coltart was not owed the s176 PLA duty as a purchaser from the mortgagor; allegations of bad faith or LTA fraud were arguable but insufficient to displace the registered mortgage; exercise of discretion under s143 were warranted to order removal of caveats upon presentation for registration of transfers or subd…