New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Second caveat (s146 lta)
  • 28 Apr 2023

    ZHAO v ZHENG [2023] NZHC 983

    Citation
    [2023] NZHC 983
    Court
    High Court

    The agreement did not support an arguable equitable mortgage because it did not furnish the right to compel registration (it required the respondent to sell rather than grant a mortgage); however the agreement was reasonably arguable as giving rise to an equitable charge identifying the property as security for the debt; the caveat as lodged was defective because it claimed an equitable mortgage rather than an equitable charge, so the caveat was removed, but leave under s146 was granted to lodge a second caveat claiming an equitable charge provided the claimant files substantive proceedings f…