15 Jul 2019
LEPIONKA & COMPANY INVESTMENTS LIMITED v NALDAPAT LIMITED [2019] NZHC 1646
- Citation
- [2019] NZHC 1646
- Court
- High Court
The caveat lodged by LW354 Ltd was removed: even accepting arguendo an equitable trusteeship interest, the claims formerly prosecuted by GLW Group Ltd were effectively discharged by settlement with the liquidator and the abandonment of the appeal; the mortgagee's priority and Fitzgerald J's decision make the caveat futile because any trustee interest would be extinguished on transfer under s103 LTA 2017; additionally the caveat was lodged in breach of a prior court order and an undertaking, justifying removal in the exercise of the court's discretion.