14 May 2014
WT TRUSTEE COMPANY LTD v CATO [2014] NZHC 994
- Citation
- [2014] NZHC 994
- Court
- High Court
WT failed to show a reasonably arguable caveatable interest because no binding sale agreement existed: the draft agreement lacked the signature of the third trustee who had not authorised the others to bind him, the two signatures were conditional and there was no evidence of actual or ostensible authority to bind the absent trustee; accordingly the application to prevent lapse of the caveat was dismissed.