Sims v Lowe - [1988] 1 NZLR 656

Property law — Caveat — Application for removal — Onus of proof — Mortgagee lodged caveat to protect unregistered mortgage which was a fourth charge on the land — After execution of mortgage, but before caveat was lodged, a further mortgage was registered against the land — Dispute between mortgagor and mortgagee as to whether mortgage money was in fact advanced — Whether registration of subsequent mortgage prevented unregistered chargeholder from lodging caveat — Whether transfer of mortgage advance in solicitor's trust account from an account in mortgagee's name to an account in mortgagor's name was proof of receipt of money by mortgagor — Whether on application for removal of caveat onus was on applicant or on caveator — Whether there were grounds for the removal of the caveat — Land Transfer Act 1952, s 143 - Property Law Act 1952, s 56.