15 Mar 2012
ZWARST V SAXTON HC CHCH CIV-2012-409-000047
- Citation
- openlaw-fb0a4d1e_c4bf_4885_a343_e50e5794c27b.pdf
- Court
- High Court
The caveators established a reasonably arguable equitable interest under the sale agreements and trust claims and, on the facts, the Court should exercise its equitable discretion to condone delay because Crown restraining orders and attendant forfeiture proceedings effectively precluded enforcement; Heliventures' position was ratified and it was properly joined; accordingly the caveats should not lapse and must be preserved.