WT Trustee Company Limited v Cato

[2014] NZHC 1000

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV-2014-404-493 [2014] NZHC 1000

UNDER

the Land Transfer Act 1952

IN THE MATTER

of an application for an order that caveat
9615955.1 against dealings not lapse

BETWEEN

WT TRUSTEE COMPANY LIMITED Applicant

AND

BRUCE HILLIER CATO, GILLIAN SARAH LAWRIE and RICHARD GRAHAM COMPTON

Respondents

Hearing:	(On the papers)
Appearances:	W D Woodd for Applicant D J G Cox for Respondents
Judgment:	14 May 2014

[SUPPLEMENTARY] JUDGMENT OF PETERS J

This judgment was delivered by Justice Peters on 14 May 2014 at 1.30 pm pursuant to r 11.5 of the High Court Rules

Registrar/Deputy Registrar

Date: ...................................

Solicitors:           Boyle Mathieson, Auckland

Rennie Cox, Auckland

WT TRUSTEE COMPANY LTD v CATO [2014] NZHC 1000 [14 May 2014]

[1]      This morning I delivered my reasons for judgment in this matter, following

an  order  I  made  on  9  May  2014  dismissing  the Applicant’s  application  dated

6 March 2014 for an order that caveat 9615955.1 not lapse.

[2]      I also intended, but omitted, to make an order that caveat 9615955.1 be removed from the certificate of title to the property against which the said caveat is lodged, that certificate of title being NA20A/238.

[3]      Accordingly, pursuant to High Court Rules, r 11.10(1) I make an order that caveat 9615955.1 be removed from certificate of title NA20A/238.

[4]      I am informed by the case officer that an order or orders following judgment have been sealed.  I do not consider this precludes the correction of my omission and in this regard refer to Willcocks v Teat.1

..................................................................

M Peters J

1 Willcocks v Teat HC Rotorua CIV-2008-463-784, 15 March 2011.