3 Mar 2020
HOLLYMAN v HOLLYMAN [2020] NZHC 362
- Citation
- [2020] NZHC 362
- Court
- High Court
The caveat as lodged referred only to rights under the 1992 Deed which were merged and superseded by the 16 December 2003 consent judgment; accordingly the 2002 caveat could not be sustained and was dismissed, but the applicant was granted leave under s146 LTA 2017 to lodge a replacement caveat to protect the rights as defined in the consent judgment; allegations of fraud against the registered proprietor were not pleaded with sufficient particularity and were not proved.