31 May 2013
RABOBANK NEW ZEALAND LIMITED v KOMENE [2013] NZHC 1285
- Citation
- [2013] NZHC 1285
- Court
- High Court
The caveat was removed because the evidence established at best a licence or oral arrangement to permit access and use, not an enforceable proprietary interest or trust recorded on deed or title; there was no basis to invoke an exception to indefeasibility or to impede the mortgagee's exercised power of sale, and statutory protections provide alternative safeguards, so the caveat could not be maintained.