29 Nov 2011
STRUCTURED FINANCE (NZ) LIMITED V INNOVUS BEAUMONT LIMITED HC AK CIV-2011-404-007221
- Citation
- openlaw-c4a2f4ae_05b3_496e_ad6a_af89ea061105.pdf
- Court
- High Court
Although IBL advanced a seriously arguable case that an equitable interest might exist, the Court held there was insufficient evidence that SFL gave the clear and specific consent required by s105 LTA (per Cashmere); SFL's commercial involvement, oversight and acceptance of development documentation did not amount to consent to vary the registered easement, so the caveat must be removed.