High Court Wellington
3, 4, 5, 24 May 1995
Barker J
3, 4, 5, 24 May 1995
Barker J
Property law — Title — Whether prescriptive title obtained by adverse possession — Whether plaintiff had discharged onus of proof as to adverse possession — Counterclaim for wrongful entry of caveat — Whether caveat in form M following caveat in form R requires prior Order of the Court — Damages to which defendants entitled for wrongful entry of caveat — Land Transfer Act 1952, ss 146, 148 and 205.
Property law — Caveat — Plaintiff claiming prescriptive title to land by adverse possession — Plaintiff lodging caveat in form R which lapsed — Plaintiff lodging caveat in form M without Court Order — Whether order required — Whether caveat wrongfully lodged — Damages to which defendants entitled for wrongful lodgment — Land Transfer Act 1952, ss 146, 148 and 205.
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