KITE v KITE and AC & C TRUSTEES LTD [2023] NZHC 652

KITE v KITE and AC & C TRUSTEES LTD [2023] NZHC 652

Because the defendants filed a consent to judgment and agreed to the plaintiffs' amended costs position, the court entered judgment recording the parties' consent ordering specific performance of the sale, entitlement of the plaintiffs to occupy until settlement, and a costs payment by the first defendant limited to amounts paid by the Legal Services Commissioner not exceeding $8,604.

Citation
[2023] NZHC 652
Parties
Plaintiff/applicant: Emma Louise Kite; Plaintiff/applicant: Zane Kite; First Defendant/respondent: Mary Kite and AC & C Trustees Limited as trustees of the Geoff and Mary Kite Family Trust; Second Defendant/respondent: Mary Kite
Court
High Court
Jurisdiction
New Zealand
Judgment Date
28 March 2023
Procedural Posture
Civil Contract and Property (specific Performance) / Judgment Recording Consent Orders Following Consent to Judgment Filed
Outcome
Judgment entered recording consent orders
Legal Topics
Specific Performance, Occupation Pending Settlement, Costs, Consent Orders
Civil Property Contract Equity Procedure Specific Performance Occupation Pending Settlement Costs +1 more

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Parties

Emma Louise Kite

Plaintiff/applicant

Zane Kite

Plaintiff/applicant

Mary Kite and AC & C Trustees Limited as trustees of the Geoff and Mary Kite Family Trust

First Defendant/respondent

Mary Kite

Second Defendant/respondent

Procedural Posture

Civil Contract and Property (specific Performance) / Judgment Recording Consent Orders Following Consent to Judgment Filed

Legal Issues

  1. 1 Whether specific performance of an agreement for sale of land should be ordered by consent
  2. 2 Whether plaintiffs are entitled to occupy the property until settlement
  3. 3 What costs order should be made given parties' consent and amendment

Ratio Decidendi

Because the defendants filed a consent to judgment and agreed to the plaintiffs' amended costs position, the court entered judgment recording the parties' consent ordering specific performance of the sale, entitlement of the plaintiffs to occupy until settlement, and a costs payment by the first defendant limited to amounts paid by the Legal Services Commissioner not exceeding $8,604.

Court Disposition

Judgment entered recording consent orders

Orders

  • The first defendant is to specifically perform the Agreement as varied and as pleaded in the statement of claim for the sale and purchase of 1B Riverside Drive, Whakatane with settlement on 9 October 2024 or such other date as the parties agree in writing.
  • The plaintiffs, Emma Louise Kite and Zane Kite, are entitled to occupy the Property until settlement of the Agreement.