Court of Appeal Wellington
11 February; 22 March 1988
McMullin, Bisson and Gallen JJ
11 February; 22 March 1988
McMullin, Bisson and Gallen JJ
Property law — Caveat — Application for extension — Vendor sold property to purchaser or nominee and purchaser assigned interest in contract to nominee — Purchaser then declined to take any further part in the transaction and when settlement was not effected by purchaser vendor cancelled transaction — Nominee lodged caveat to protect his interests and sought order that caveat should not lapse — Whether vendor was required to serve settlement notice on nominee — Whether true nature of transaction was a nomination or an assignment — Whether nominee had a caveatable interest — Whether caveatable interest lapsed when contract was cancelled — Whether nominee was sufficiently designated in contract to obtain benefit of Contracts (Privity) Act — Whether caveat should lapse — Land Transfer Act 1952, s 145 — Contracts (Privity) Act 1982, ss 4 and 8.
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