Bishop Warden Property Holdings Ltd v Autumn Tree Ltd - [2018] 3 NZLR 809

Property law — Caveat — Discharge of caveat — Appeal — Whether equitable interest in property — Director of property development company selling property undervalue — Whether agreement valid — Director’s authority to enter agreement — Whether director at time agreement entered — Director resigning and new director appointed before agreement entered — Notice of change of directors to Companies Register — Whether both directors shown on Companies Register at time agreement signed — Land Transfer Act 1952, s 143.

Company law — Directors — Authority to act — Actual authority — Apparent authority — Director of property development company selling property undervalue — Whether agreement valid — Director’s authority to enter agreement — Circumstances in which agreement entered — Whether director at time agreement entered — Director resigning and new director appointed before agreement entered — Notice of change of directors to Companies Register — Whether both directors shown on Companies Register at time agreement signed — Companies Act 1993, ss 18, 18(1)(b), 18(1)(c) and 159.