18 Oct 2021
HAO YUAN LU v WILA DEVELOPMENT (ORMISTON) LP [2021] NZHC 2772
- Citation
- [2021] NZHC 2772
- Court
- High Court
Applicant had an arguable equitable interest only in lot 11; nominations for other lots were ineffective because of the non-assignment clause so applicant had no caveatable interest in lots 10,12,13,16; vendor validly cancelled lot 11 agreement for breach of the no-caveat clause and the applicant's proceedings and pleadings also constituted acceptance of repudiation so any interest was extinguished; alternatively the court would exercise its discretion to remove the caveats; accordingly caveats ordered to lapse.