9 Dec 2008
NGA URI WHAKATIPURUNGA O NGARAE (INC) V MARAC FINANCE LIMITED HC AK CIV 2008-404-006180
- Citation
- openlaw-f902b509_343a_42df_aa67_decdadd63147.pdf
- Court
- High Court
The caveat was invalid because the claimant was not an identifiable legal person and, in any event, the purchaser's equitable interest could not defeat Marac's prior registered mortgage and its indefeasible rights (including power of sale) absent consent or conduct warranting equitable intervention; no such consent or conduct was shown, so the caveat must lapse and the application is dismissed.