26 Nov 2010
ZAMBUTO AND ANOR V KENSINGTON PARK HOLDINGS LTD HC AK CIV-2010-404-2869
- Citation
- openlaw-ec23416f_09e2_4887_b489_10b96c4fee11.pdf
- Court
- High Court
Plaintiffs failed to establish an arguable caveatable interest because any equitable interest they assert was created after the BNZ mortgage was registered and was therefore extinguished by s105 on the mortgagee's sale to KPHL; the plaintiffs' s147A consent did not prevent KPHL relying on s105, and there was no arguable case of fraud or mortgagee consent to bind BNZ, so the caveat must be removed.