Fabian v MPL LLC

[2010] NZCA 446

IN THE COURT OF APPEAL OF NEW ZEALAND

CA605/2010
[2010] NZCA 446

BETWEENDENIS FRANK FABIAN

Appellant

ANDMLP LLC

Respondent

Hearing:23 September 2010

Counsel:Appellant in person

G Williams for Respondent

Judgment:23 September 2010 

ORAL JUDGMENT OF HARRISON J

[1]        Mr Denis Fabian has appealed against a judgment of Associate Judge Bell delivered in the High Court on 13 September 2010 ordering that Caveat 8484926.1, which Mr Fabian had lodged against 31 titles of property owned by MLP LLC in the Bay of Islands, be removed.[1]

[1]      MLP LLC v Fabian HC Whangarei CIV-2010-488-568, 13 September 2010.

[2]        Mr Fabian has applied urgently for an order staying execution of the judgment pending determination of his appeal.  The application was set down for hearing on an urgent basis at 11.45am today.

[3]        However, yesterday Mr Williams of Bell Gully filed an amended notice of opposition advising that the Registrar General of Land had already removed the caveat from the 31 titles pursuant to the order made by the High Court.

[4]        Accordingly, as the judgment has been executed, this Court has no power to determine Mr Fabian’s application for stay.  His application is dismissed and in the circumstances there will be no order as to costs.

[5]        I would add that the Registrar General’s action also appears to negate the purpose and affect of Mr Fabian’s substantive appeal.  He will have to decide whether or not he wishes to pursue that appeal in due course.

Solicitors:

Bell Gully, Auckland for Respondent