29 Jul 2021
XU & OR v MENG & OR [2021] NZHC 1936
- Citation
- [2021] NZHC 1936
- Court
- High Court
The defendants were purchasers in possession whose finance condition failed and the conditional agreement ended when the caveat lapsed on 2 December 2020; they do not qualify as tenants holding over and therefore are 'unlawful occupiers' under High Court Rules Pt 13; any equitable claim to the deposit does not confer a right to remain in possession, so the plaintiffs were entitled to summary judgment for recovery of possession.