15 Apr 2014
S C BHANA and J M BHANA v RANOLF CO LIMITED AND JAAFAR HOLDINGS LIMITED [2014] NZHC 763
- Citation
- [2014] NZHC 763
- Court
- High Court
Plaintiffs' caveats were removed because Jaafar held a first registered mortgage that took priority; plaintiffs had contractually agreed to grant an exclusive first mortgage to Jaafar, plaintiffs failed to prove a superior unregistered registrable interest or any Land Transfer Act fraud, and the caveats served no useful purpose and unduly interfered with Jaafar's lawful exercise of mortgagee sale rights; removal was ordered conditional on presentation of memoranda of transfer.