3 Jun 2015
TORBAY VIEW TRUSTEE LIMITED v GLENVAR EVERUNI LIMITED [2015] NZHC 1236
- Citation
- [2015] NZHC 1236
- Court
- High Court
The court dismissed the application to sustain the caveat: although the sub-sale was ratified, Torbay View's caveat was effectively a second caveat in respect of the same interest as Land Trust Ltd's earlier caveat and required a High Court order under s148 which was not obtained; additionally clause 20 was interdependent and not unilaterally waived by Glenvar, Glenvar validly avoided the head agreement under the contract's condition regime, and consequently Torbay View had no caveatable interest to sustain.