23 Oct 2012
NAVILLUSO HOLDINGS LIMITED V DAVIDSON HC NAP CIV-2012-441-000550
- Citation
- openlaw-511a19cc_8c99_4418_945e_b5a3349e7147.pdf
- Court
- High Court
The court held Navilluso established a reasonably arguable case that the agreement created an encumbrance capable of registration because the parties intended to be bound, the monetary element required by s101 could be a nominal rentcharge to be specified by the encumbrancer, and the court would give effect to the parties' intention by permitting registration with a nominal sum; accordingly the caveat shall not lapse.