31 Aug 2015
R J S WATHERSTON v ROCKY PEAKS CONTRACTING LTD [2015] NZHC 2084
- Citation
- [2015] NZHC 2084
- Court
- High Court
The 20 December 2013 document, properly construed, granted an option to purchase shares in an envisaged joint venture company which was to own Rocky Peaks, not an option to purchase land; therefore it did not create an interest in land capable of registration under s137 Land Transfer Act 1952. The authenticated signature fiction did not apply because the presence of the director's name did not evidence an intention to be bound, and the doctrine of part performance was not established. Consequently the application to prevent the caveat from lapsing was dismissed.