25 Nov 2013
EDITH FARMS LIMITED v PROVIDENCE LANDS LIMITED [2013] NZHC 3108
- Citation
- [2013] NZHC 3108
- Court
- High Court
The caveat was removed because the caveator company had no caveatable interest: the heads of agreement identified the purchaser as the trust (not the caveator company) and the person who signed was not a trustee nor shown to be authorised to bind the trust or company; alternatively the heads lacked agreement on essential terms (asset schedule, formal lease, deposit) so no enforceable contract existed, and third party sale made specific performance impracticable.