15 May 2018
MACFARLANE v PERPETUAL TRUST LIMITED [2018] NZHC 1055
- Citation
- [2018] NZHC 1055
- Court
- High Court
The Court held that Macfarlane, as a residuary beneficiary, did not demonstrate a proprietary interest in the specific Property sufficient to support his caveat (his interest was in the value of the residue, not a specific vested interest in the land); Perpetual Trust Limited was validly appointed by the 1992 consent order and is the registered proprietor entitled to sell; the Court exercised its discretion not to preserve the caveat and granted Perpetual summary judgment for vacant possession so the sale may be settled.