24 Nov 2008
WESTPAC NEW ZEALAND LTD V NGA URI WHAKATIPURUNGA O NGARAE (INC) HC AK CIV 2008-404-007298
- Citation
- openlaw-6b31a598_ae5d_4ac6_9934_353957156da5.pdf
- Court
- High Court
Because the caveats relied solely on agreements for sale entered into after registration of the mortgages, and because the caveator failed to establish an arguable case (no reliable evidence of repayment or fraud and the mortgage was validly registered), the respondent's interests cannot override the prior registered mortgages; the land is Māori freehold land subject to the Land Transfer Act s10(c); the High Court has jurisdiction to remove the caveats and they must be discharged.