27 Jan 2006
GEETA MURALI GANESH V WAITAKERE PROPERTIES LIMITED HC AK CIV2005-404-4670
- Citation
- openlaw-1358b4f3_6776_4f42_aaf2_e9fcec06b521.pdf
- Court
- High Court
The caveat must remain because the respondent has an arguable caveatable interest: Covenant D constitutes an independent option to purchase requiring a formal REINZ–ADLS Transferee's Notice which the applicant failed to provide; Covenant C imports only the notice provisions of D(b) and D(c) and does not extinguish D's option, and the respondent's entitlement to specific performance and the known price create a sustainable equitable interest.