9 May 2013
ANZ BANK NEW ZEALAND LIMITED V PETER WILLIAM MAWHINNEY HC AK CIV 2013-404-002356
- Citation
- openlaw-7f5f39f9_e85b_421a_9964_6a44a72275a6.pdf
- Court
- High Court
The caveat was lapsed because the ANZ Bank's registered mortgage had priority and entitled the Bank to possession and a mortgagee sale; the respondent's asserted interest was undisclosed, unsupported on the material, and claims of mortgage invalidity were unpersuasive and inappropriate for the respondent to litigate on behalf of the mortgagor; consequently removal under s143 was appropriate and the balance of convenience did not favour preserving the caveat.