ZHAO v WANG [2017] NZHC 2761

ZHAO v WANG [2017] NZHC 2761

The appeal was dismissed because on the pleadings and available evidence the respondents had an arguable caveatable interest and an arguable claim for loss of a chance caused by the appellants' failure to act on the LINZ notice; disputed factual issues (including receipt of notice, existence and value of the interest, and quantification of loss) required a full hearing, so summary judgment, strike out or a stay were inappropriate.

Citation
[2017] NZHC 2761
Parties
First Appellant: Richard Zhao; Second Appellant: Richard Zhao Lawyers Limited; First Respondent: Michael Wang; Second Respondent: Francis Sun
Court
High Court
Jurisdiction
New Zealand
Judgment Date
10 November 2017
Procedural Posture
Civil Appeal / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Caveat, Lapse of Caveat, Duty of Care, Loss of Chance, Summary Judgment, Strike Out, Laches, Stay
Property Law Land Transfer Professional Negligence Civil Procedure Caveat Lapse of Caveat Duty of Care Loss of Chance +4 more

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Parties

Richard Zhao

First Appellant

Richard Zhao Lawyers Limited

Second Appellant

Michael Wang

First Respondent

Francis Sun

Second Respondent

Procedural Posture

Civil Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the respondents had a caveatable interest in the property
  2. 2 Whether the appellants breached a duty of care by failing to sustain the caveat or advise of the LINZ notice
  3. 3 Whether the respondents suffered loss and whether that loss is the loss of a chance

Ratio Decidendi

The appeal was dismissed because on the pleadings and available evidence the respondents had an arguable caveatable interest and an arguable claim for loss of a chance caused by the appellants' failure to act on the LINZ notice; disputed factual issues (including receipt of notice, existence and value of the interest, and quantification of loss) required a full hearing, so summary judgment, strike out or a stay were inappropriate.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Respondents awarded costs on a 2B basis for all steps relating to the appeal and for a half day hearing