11 Sept 2013
COCKRELL, as Trustees of the COCKRELL FAMILY TRUST v WARD [2013] NZHC 2368
- Citation
- [2013] NZHC 2368
- Court
- High Court
Because the mortgage memorandum unambiguously secured fixtures and the plaintiffs acquired legal title and possession at settlement, items properly characterised as fixtures (hangar, runway, fences, pipes, troughs) passed to the plaintiffs; the defendant therefore lacked a proprietary or actionable interest in those fixtures and his counterclaims based on their continued ownership disclose no reasonably arguable cause of action and are an abuse of process; consequently the statutory demand could not be set aside.