19 Dec 2011
WESTPAC NEW ZEALAND LIMITED V SET KIEN LAW HC AK CIV 2011-404-007989
- Citation
- openlaw-dd64de0c_148f_4bcb_b07f_4b98909f1e23.pdf
- Court
- High Court
The registered mortgagee's priority under the Land Transfer Act 1952 (including s105) and its exercise of the power of sale were not displaced by the respondent's claimed lease/purchase interests, no consent by the mortgagee was shown, the caveator did not establish an interest enforceable against the mortgagee's transfer, and therefore the caveats were removed.