14 Jun 2013
WR ROBERT and Z ROBERT as trustees of the ROSS ROBERT FAMILY TRUST v FOXTON EQUITIES LIMITED [2013] NZHC 1209
- Citation
- [2013] NZHC 1209
- Court
- High Court
Because the facts were disputed and applicants established a reasonably arguable case that clause 15(b) was satisfied or waived (and the respondent's conduct could estop denial), the caveat could not be removed summarily; the caveat is therefore to be preserved subject to conditions requiring the applicants to commence and diligently prosecute specific performance proceedings and with leave reserved to the respondent to seek lapse later if conditions set out are met.