5 Apr 2018
HIKURANGI FOREST FARMS LTD v NEGARA DEVELOPMENTS LTD [2018] NZHC 607
- Citation
- [2018] NZAR 804
- Court
- High Court
SB Developments' and subsequently Negara's registrations conferred indefeasible title to the trees on Area C because Hikurangi failed to prove the fraud exception in s182 (no actual knowledge or wilful blindness by the purchasers before registration). Equitable remedies (estoppel, constructive trust, breach of give-and-take contract) failed for lack of the necessary factual elements (knowledge, clear representation, reasonable detrimental reliance and unconscionability) after registration. The Property Law Act s323 relief was unavailable. Hikurangi's 2015 felling amounted to trespass: Negara…