New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Onus to sustain caveat
  • 26 Oct 2021

    ELLIOT v JOE & CO BUILDERS LIMITED [2021] NZHC 2874

    Citation
    [2021] NZHC 2874
    Court
    High Court

    No order for costs because, although the applicants could have used the Registrar procedure under s142 and thus made their application unnecessary, the respondent also bore responsibility for incurred costs by failing to remove its caveat when asked; therefore costs should lie where they fall.

    • Caveat removal
    • Costs order
    • Registrar notification under s142
    • Onus to sustain caveat