11 Oct 2023
IBUY PROPERTY LIMITED v HE [2023] NZHC 2847
- Citation
- [2023] NZHC 2847
- Court
- High Court
On the material before the court the 20 February 2020 lease was a sham and not a valid interest; IBuy did not acquire title through fraud because it had no actual knowledge or wilful blindness to a genuine unregistered lease and clause 14 does not operate as a contractual promise binding a purchaser to unregistered unknown tenancies; no in personam remedy arose; summary judgment for possession for IBuy was appropriate.