21 Nov 2012
HALLIDAY v BANK OF NEW ZEALAND HC NAP CIV 2012-441-489
- Citation
- openlaw-e8ad64e3_e86d_4a38_81da_0f1ff7cd7fcf.pdf
- Court
- High Court
The Court held that the trees were part of the land (not presently chattels) and the parties' sale contract and conduct created an equitable interest in favour of RCL/Hallidays to be given effect by a forestry right; that equitable interest was unregistered and therefore did not have priority over subsequently registered mortgages, but the Hallidays established a reasonably arguable in personam/estoppel claim and therefore the caveat should not be removed at this stage; declarations that the forestry is a chattel or owned free of the Bank were refused; s105 and indefeasibility did not mandate…