7 Oct 2011
SOUTH CANTERBURY FINANCE LIMITED (IN RECEIVERSHIP) V YORK TRUSTEES LIMITED HC AK CIV-2011-404-3433
- Citation
- openlaw-975d07cb_6ee9_4f0d_b859_2f0aa87d6c1d.pdf
- Court
- High Court
On the facts before the Court it was at least arguable that the 2006 loan agreement and collateral mortgage created a continuing security for present and future advances and had not been discharged by the 2008 arrangements; there were significant factual disputes about alterations to 2008 documents that could not be resolved on this interlocutory hearing, so the caveat had to be sustained pending substantive determination.