Shardy v Tkacz - [1991] 1 NZLR 310

Practice and procedure — Caveat — Application for extension — Caveator claiming interest as purchaser under agreement for sale and purchase — Issue whether parties to agreement sufficiently described to be identified — Whether appropriate to determine issue in context of present application.

Property law — Caveat — Application for extension — Notice to District Land Registrar — Notice of application for extension of caveat filed on final day of 14 day period allowed and copy served on District Land Registrar — Supporting affidavits filed by caveator five days later — Whether sufficient compliance with requirements of s 145 of the Land Transfer Act 1952.

Practice and procedure — Time — Application for extension of caveat filed and notice thereof given to District Land Registrar on final day of 14 day period allowed — No supporting affidavit filed — Whether application filed within time limit — Whether copy application must be served on District Land Registrar to provide sufficient notice — Whether validity of application affected by failure to file affidavit contemporaneously with application — Land Transfer Act 1952, s 145 - High Court Rules, RR 248 and 253.