17 Feb 2020
TOPA PARTNERS LTD v JWL INTERNATIONAL GROUP LTD [2020] NZHC 182
- Citation
- (2020) 21 NZPCR 591
- Court
- High Court
Clause 10.1 of the building contract, properly construed, granted Topa an immediate equitable interest in the property (an agreement to mortgage in registrable form) capable of supporting the caveat; clause 9 (reservation of title) did not create an equitable interest in the land; in the exercise of its discretion it was not appropriate to order lapse of the caveat and conditions should be imposed (undertaking as to damages and requirement to commence proceedings).