New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Registration of transfer

Legal area

Court

28 May 2013

SELL v REGISTRAR-GENERAL OF LAND [2013] NZHC 1219

Citation

[2013] 3 NZLR 431
Court

High Court

Where there is no change in the number or identity of the registered proprietors and they (the trustees who initially authorised the 'no survivorship' notation) together execute a transfer pursuant to their express power of sale, the 'no survivorship' notation does not operate to require High Court supervision of the trustees' exercise of that power; ss 132-133 must not be read to impose a supervisory trust function on the Land Transfer regime beyond protecting changes in number or identity of registered proprietors, and the Court has jurisdiction to sanction and order removal where appropria…
22 Sept 2011

LIN V ANZ NATIONAL BANK LIMITED HC AK CIV-2011-404-5395

Citation

openlaw-c2b293d5_ace6_47a6_a4f4_5cd27becaf96.pdf
Court

High Court

Because the bank's registered mortgages predate the applicant's agreements and there is no evidence of mortgagee consent or any interest with priority, s105 and s119 operate to allow a purchaser from the mortgagee to take free of the applicant's claimed interest; consequently the caveat affords no practical protection in the event of a mortgagee sale and should be removed upon presentation of the mortgagee's memorandum of transfer.