MINEHAN AND ANOR V COUNTRY ESTATES CANTERBURY LTD AND ANOR HC CHCH CIV 2005-409-000442

MINEHAN AND ANOR V COUNTRY ESTATES CANTERBURY LTD AND ANOR HC CHCH CIV 2005-409-000442

Dawson Innes must distribute the funds it holds in accordance with clause 5.4 of the consent order and the expert report; potential characterization of some sums as relationship property does not permit non‑compliance with the clear terms of the consent order; where funds are insufficient they are to be distributed...

Source-derived case information.

Citation
openlaw-46c0c2f9_f572_4280_a76f_c1c17a39b6fd.pdf
Parties
First Appellant: Donna Marie Minehan; First Appellant: Julian Anthony Minehan; First Appellant: Pauline Ann Minehan; Second Appellant: Judith Ann Patricia Minehan; First Respondent: Country Estates Canterbury Ltd; Second Respondent: Michael Edmund Fitzgerald
Court
High Court
Jurisdiction
New Zealand
Judgment Date
28 October 2005
Procedural Posture
High Court Civil Enforcement of Consent Order Arising From Application Under Land Transfer Act 1952 S145 / Hearing on Enforcement and Interpretation of Consent Order (oral Judgment)
Outcome
Judgment for Second Applicant enforcing consent order; Dawson Innes directed to pay stakeholder funds per clause 5.4 and expert report; funds to be split equally between the First Applicants and the Fitzgerald Family Estates Trust; costs to Second Applicant on a 1B basis.
Legal Topics
Caveats, Consent Orders, Stakeholder Funds, Relationship Property, Expert Determination, Interpleader, Costs
Property Law Family Law Contract Law Civil Procedure Caveats Consent Orders Stakeholder Funds Relationship Property +3 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Donna Marie Minehan

First Appellant

Julian Anthony Minehan

First Appellant

Pauline Ann Minehan

First Appellant

Judith Ann Patricia Minehan

Second Appellant

Country Estates Canterbury Ltd

First Respondent

Michael Edmund Fitzgerald

Second Respondent

Procedural Posture

High Court Civil Enforcement of Consent Order Arising From Application Under Land Transfer Act 1952 S145 / Hearing on Enforcement and Interpretation of Consent Order (oral Judgment)

Legal Issues

  1. 1 Whether Dawson Innes must disburse stakeholder funds in accordance with the consent order clause 5.4
  2. 2 Whether potential classification of funds as relationship property permits parties or stakeholders to withhold payment
  3. 3 Interpretation of clause 5.4 regarding advances from the Second Applicant and Fitzgerald Family Estates Trust and the effect of an expert determination

Ratio Decidendi

Dawson Innes must distribute the funds it holds in accordance with clause 5.4 of the consent order and the expert report; potential characterization of some sums as relationship property does not permit non‑compliance with the clear terms of the consent order; where funds are insufficient they are to be distributed on an equal basis between the First Applicants and the Fitzgerald Family Estates Trust.

Court Disposition

Judgment for Second Applicant enforcing consent order; Dawson Innes directed to pay stakeholder funds per clause 5.4 and expert report; funds to be split equally between the First Applicants and the Fitzgerald Family Estates Trust; costs to Second Applicant on a 1B basis.

Orders

  • Dawson Innes shall forthwith distribute the sum it holds to the First Applicants and the Fitzgerald Family Estates Trust in equal shares pursuant to clause 5.4 of the consent order and the expert report of Barry Hadlee.
  • Costs of the hearing are awarded on a 1B basis to the Second Applicant; those costs are to be costs in the cause of any Family Court relationship property proceedings that are issued.