PERKINS V TERE MOANA PUREA SC 111/2009

PERKINS V TERE MOANA PUREA SC 111/2009

Leave to appeal was refused because there was no arguable basis to overturn the established view that Mrs Tangi-Tuaki's equitable interest arising from the 1988 agreement prevailed; s 182 LTA cannot be extended to protect persons prior to registration/settlement in the absence of legislative change; factual findings below were entitled to deference.

Citation
SC 111/2009
Parties
Applicant: Alan Stanley Perkins; Applicant: Adrienne Rosemary Perkins; First Respondent: Tere Moana Purea; Second Respondent: Tom Tangi-Tuake; Second Respondent: June Tangi-Tuake
Court
Supreme Court
Jurisdiction
New Zealand
Judgment Date
4 March 2010
Procedural Posture
Civil Appeal; Leave to Appeal to Supreme Court / Application for Leave to Appeal (dismissed)
Outcome
Applications for leave to appeal by the Applicants and the First Respondent are dismissed
Legal Topics
Priority of Equitable Interest, Specific Performance, Land Transfer Act S182, Registration Vs Settlement, Caveat
Property Law Equity Land Law Contract Law Priority of Equitable Interest Specific Performance Land Transfer Act S182 Registration Vs Settlement +1 more

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Parties

Alan Stanley Perkins

Applicant

Adrienne Rosemary Perkins

Applicant

Tere Moana Purea

First Respondent

Tom Tangi-Tuake

Second Respondent

June Tangi-Tuake

Second Respondent

Procedural Posture

Civil Appeal; Leave to Appeal to Supreme Court / Application for Leave to Appeal (dismissed)

Legal Issues

  1. 1 Whether an equitable in personam interest arising from a family agreement prevails over a later dealing by the registered proprietor
  2. 2 Whether s 182 Land Transfer Act 1952 protects a purchaser prior to registration/settlement
  3. 3 Whether specific performance and damages are available to enforce the 1988 agreement

Ratio Decidendi

Leave to appeal was refused because there was no arguable basis to overturn the established view that Mrs Tangi-Tuaki's equitable interest arising from the 1988 agreement prevailed; s 182 LTA cannot be extended to protect persons prior to registration/settlement in the absence of legislative change; factual findings below were entitled to deference.

Court Disposition

Applications for leave to appeal by the Applicants and the First Respondent are dismissed

Orders

  • Leave applications dismissed
  • Applicants (Alan Stanley Perkins and Adrienne Rosemary Perkins) to pay costs of NZD 2500 to Second Respondents (Tom and June Tangi-Tuake)