New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Consent to priority

Legal area

Court

22 Jul 2016

GOLD BAND FINANCE LIMITED v PHILPOTT [2016] NZHC 1674

Citation

[2016] NZHC 1674
Court

High Court

The application for a stay was dismissed because on balancing factors the respondents had deliberately allowed the appeal to be abandoned (evidencing lack of timely prosecution), offered no undertaking as to damages or evidence of ability to pay, and a stay would cause real prejudice to Gold Band and third parties (accruing interest, wasted costs, regulatory and market risks); therefore the balance of convenience favoured permitting the sale to proceed and refusing the stay.
26 Apr 2010

BOBS COVE DEVELOPMENTS LIMITED V STRATEGIC NOMINEES LIMITED HC WN CIV-2010-485-61

Citation

openlaw-473a40d0_41e5_4f73_bed6_7535c4506625.pdf
Court

High Court

BCDL failed to establish a reasonably arguable case that its equitable interest outranks SNL's registered mortgage because SNL did not give the positive consent required to subordinate its security and there is no evidence of fraud or dishonest conduct by SNL; mere knowledge or acquiescence is insufficient to displace indefeasibility, so the caveat must be removed on presentation of the mortgagee's transfer.