30 Sept 2015
GOLD BAND FINANCE LIMITED v PHILPOTT [2015] NZHC 2383
- Citation
- (2015) 16 NZCPR 746
- Court
- High Court
The Court found no evidence of express or implied consent by Gold Band under s105 LTA and no arguable fraud or unconscionable conduct in Gold Band's security sharing arrangements; accordingly Gold Band's prior registered mortgage defeats the caveats and the Court ordered removal of the caveats immediately before registration of transfers in exercise of the power of sale.