Court of Appeal Wellington
CA 179/04
5 September; 30 November 2005
Anderson P, Hammond and William Young JJ
CA 179/04
5 September; 30 November 2005
Anderson P, Hammond and William Young JJ
Contract — Conditions — Sale and purchase of land — Clause in agreement that purchaser would not lodge caveat prior to deposit of subdivision plan — Whether clause void or unenforceable as contrary to public policy — Integrity of Torrens system — Land Transfer Act 1952, s 145.
Equity — Sale of land — Equitable interest in land — Caveat — Clause in agreement that purchaser would not lodge caveat prior to deposit of subdivision plan — Whether clause void or unenforceable as contrary to public policy — Integrity of Torrens system — Whether any prospect of specific performance of agreement — Land Transfer Act 1952, s 145.
Property law — Caveat — Sale and purchase of land — Equitable interest in land — Caveat — Clause in agreement that purchaser would not lodge caveat prior to deposit of subdivision plan — Whether clause void or unenforceable as contrary to public policy — Integrity of Torrens system — Whether any prospect of specific performance of agreement — Land Transfer Act 1952, s 145.
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