Halliday v Bank of New Zealand - [2013] 1 NZLR 279

Property law — Caveat — Possible equitable in personam claim against mortgagee based on estoppel or constructive trust — Whether estoppel or constructive trust caveatable interest.

Property law — Indefeasibility of title — Fraud — Whether mortgagee's knowledge of interest in trees amounted to fraud — Exceptions to mortgagee's statutory power of sale — Whether equitable in personam claim could be estate or interest with priority over mortgage — Whether mortgagee had consented to estate or interest — Land Transfer Act 1952, s 105.

Property law — Title — Land sold with title to trees retained by vendor — Whether trees chattels or fixtures — Whether vendor had equitable interest in trees.