18 Oct 2013
AUCKLAND COUNCIL v MARGARET ELLEN PALLISTER, WENDY JUNE PALLISTER AND JILLIAN MARY MENZIES (AS TRUSTEES OF THE MARGARET E PALLISTER FAMILY TRUST) [2013] NZHC 2717
- Citation
- [2013] NZHC 2717
- Court
- High Court
The caveat was to be sustained because the Council has an arguable equitable interest sufficient to support a caveat: the trustees' contract to sell with vacant possession arguably repudiates the Fourth Schedule obligations and entitles the Council to seek specific performance now; the registered encumbrance does not clearly protect the Fourth Schedule covenants so the caveat protects a distinct interest; the encumbrance has not been shown to have been terminated; accordingly the caveat must be maintained to preserve the Council's arguable rights and the Council must commence substantive proc…