New Zealand Case Law: Decisions & Judgments

Topic

In personam exception

Legal area

Court

7 Apr 2016

KIWI TRUSTEE LIMITED v QING LIN [2016] NZHC 595

Citation

[2016] NZHC 595
Court

High Court

The caveat was removed because it was patently clear the claimed unregistered equitable easements did not survive registration of title in the purchaser from the mortgagee; s105/s62 operate to vest the land in the purchaser free of unregistered equitable interests absent fraud, and the applicant failed to establish a prima facie case of fraud or a conscience‑based in personam obligation that would defeat indefeasibility.
12 Feb 2015

JEB MANAGEMENT LIMITED v GRUBZ UNITED WHANAU TRUST [2015] NZHC 157

Citation

(2015) 15 NZCPR 705
Court

High Court

The Trust failed to show a reasonably arguable caveatable interest because it did not establish a reasonably arguable case of land transfer fraud by JEB, and equitable doctrines of knowing receipt cannot be used as an in personam exception to defeat an otherwise indefeasible registered title; accordingly the caveat must be removed.
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.

New Zealand Case Law

KIWI TRUSTEE LIMITED v QING LIN [2016] NZHC 595

JEB MANAGEMENT LIMITED v GRUBZ UNITED WHANAU TRUST [2015] NZHC 157

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