Fu Hao Construction Ltd v Landco Albany Ltd - [2005] 1 NZLR 535

Property law — Caveat — Contracting out of right to enter caveat — Whether contrary to public policy — Land Transfer Act 1952, s 137.

Property law — Title — Interest in land under agreement for sale and purchase — Registered caveat — Whether agreement for sale and purchase validly cancelled — Whether real prospect of order for specific performance — Where balance of convenience lay — Whether claim barred by undertaking not to caveat — Resource Management Act 1991, s 11.

Contract — Sale of land — Power to cancel agreement — Interpretation of cancellation provision — Objective meaning of “inability” and “unwillingness” — What an informed bystander would consider practical — Resource Management Act 1991, s 11.