4 Jun 2021
ANGURALA & Anor v FERNANDES [2021] NZHC 1309
- Citation
- [2021] NZHC 1309
- Court
- High Court
Although the respondent had a reasonably arguable equitable interest, the Court exercised its residual discretion to remove the caveat because the earlier purchaser (Mr Singh) held priority, there was no written avoidance or disentitling conduct by him or the vendors, and there was no practical advantage in maintaining the caveat; removal was ordered subject to $80,000 being held on interest-bearing deposit and removal limited to enabling registration of the transfer to Mr Singh.