Alan Stanley Perkins and Adrieene Rosemary Perkins v Tere Moana Purea and Tom Tangi-Tuake and June Tangi-Tuake - SC 111/2009

Civil – Land Transfer Act 1952 – the appellants sued for specific performance after the respondent failed to settle a house purchase due to a dispute with his daughter over ownership which resulted in her lodging a caveat against the title of the property – whether, in light of s 182 of the Land Transfer Act 1952, the Court of Appeal erroneously approached the matter by way of contest between competing equities – whether the Court of Appeal should have held that registration is conclusive and that the appellants, as bona fide purchasers for value without notice of the daughter’ s equitably interest, should take the property notwithstanding that the daughter’ s equitable interest was earlier in time – alternatively, whether the Court of Appeal erred in the approach they adopted in consideration of the hierarchy of equities.[2009] NZCA 541    CA  365/2008   18 November  2009