15 May 2020
RORE PAT STAFFORD v ACCIDENT COMPENSATION CORPORATION [2020] NZCA 164
- Citation
- [2020] 3 NZLR 731
- Court
- Court of Appeal
Majority held the caveat could not be sustained because the appellant failed to establish a reasonably arguable proprietary interest derived from the registered proprietor (ACC); the fiduciary obligations recognised in Wakatū are owed by the Crown and, absent a basis for treating ACC as the Crown in respect of the land (or a ministerial direction binding ACC), the Torrens principle of indefeasible title prevails; the Court ordered removal of the caveat (with procedural preservation in the short term) and dismissed cross‑appeal.