Gordon v Treadwell Stacey Smith - [1996] 3 NZLR 281

Property law — Caveat — Whether solicitors or other agents liable for compensatory damages for improper lodgment of a caveat — Whether liability negatived by showing reasonable grounds and honest belief in a caveatable interest — Land Transfer Act 1952, ss 143 and 146.

Agency — Authority of agent — Solicitor lodging caveat an behalf of client where no reasonable cause for caveat — Whether solicitor or other agent liable to pay compensatory damages — Land Transfer Act 1952, s 146.

Damages — Compensatory — Whether legal advisers personally liable for compensatory damages for lodgment of caveat without reasonable cause and in absence of honest belief

Statutes — Interpretation — Whether "any person" has the same meaning in s 137 and in s 146 of the Land Transfer Act 1952 — Whether these words apply to both caveator and agent lodging caveat on behalf of caveator — Land Transfer Act 1952, ss 137 and 146.

Property law — Transfer of property — Transfer of legal estate with part purchase price still owing by purchaser — Whether equitable interest arises in favour of vendor.

Law practitioners — Solicitors as agent — Whether solicitors personally liable for compensatory damages for lodging caveat as agents of clients without reasonable cause — Land Transfer Act 1952, s 146.

Law practitioners — Conduct of proceedings — Abuse of process — Observations as to whether solicitors or counsel liable for malicious actions brought for ancillary purposes — Duty of legal adviser to client and to Court.