16 Dec 2022
BODY CORPORATE & ORS v MEMELINK & ORS [2022] NZHC 3486
- Citation
- [2022] NZHC 3486
- Court
- High Court
The court held the lodged caveat was an abuse of process because it sought to undermine existing court orders and the receivers' statutory function to realise trust assets; the defendants lacked a proprietary interest supporting a caveat as relevant assets and litigation interests were vested in the Official Assignee or subject to receivership orders; accordingly injunctive relief preventing registration and further lodgement of caveats was granted and Land Information NZ was directed not to register and to remove the caveat under s142 LTA, with leave preserved to apply to court for permissio…