20 Nov 2012
STRUCTURED FINANCE (NZ) LIMITED V MCKENNA HC AK CIV-2012-404-5855
- Citation
- openlaw-9677cf22_c957_4966_bd63_1cf443d53a5c.pdf
- Court
- High Court
The caveator failed to establish a reasonably arguable equitable lien over the registered proprietors' estate because the alleged entitlement arose from a personal promise by Mr McKenna under the 2009 agreement, not from any obligation or instrument binding the trustees or the land; consequently there was no appropriation of the registered proprietors' land towards payment and the caveat was removed, further noting that any such claim would be defeated by s105 on a mortgagee sale.