CHRISTCHURCH RESIDENTIAL RENTALS LIMITED v STANTON [2018] NZHC 406

CHRISTCHURCH RESIDENTIAL RENTALS LIMITED v STANTON [2018] NZHC 406 [13 March 2018]IN THE HIGH COURT OF NEW ZEALANDCHRISTCHURCH REGISTRYI TE KŌTI MATUA O AOTEAROAŌTAUTAHI ROHECIV-2015-409-533[2018] NZHC 406BETWEEN CHRISTCHURCH RESIDENTIALRENTALS LIMITEDPlaintiffAND LINDA STANTONDefendantHearing: 6 March 2018Counsel: S J Shamy for PlaintiffC R Vinnell for Westpac New Zealand Ltd (non-party)Judgment: 13 March 2018JUDGMENT OF NICHOLAS DAVIDSON J[1] The interim judgment of the Court was delivered on 2 December 2016.1[2] The proceeding came before the Court again as the plaintiff seeks orders thatallow it to exercise its contractual rights for transfer to it of 13 properties inChristchurch, referred to in the draft Order and Schedule A to this second interimjudgment.[3] The properties are registered in the name of Linda Mary Stanton, whosecontractual relationship with the plaintiff has been set out in the interim judgment.1 Christchurch Residential Rentals Ltd v Stanton [2016] NZHC 2936.[4] Westpac New Zealand Ltd ("Westpac") has an interest as first mortgagee inrespect of nine of the 13 properties with which this second interim judgment isconcerned.[5] The plaintiff seeks orders to effect the transfer of the properties to it, subject toits obligation not to settle any insurance or EQC claim in respect of nine propertieswhere Westpac is mortgagee, without Westpac's written consent, (not to beunreasonably withheld), and until Westpac has been repaid in full any EQC orinsurance payments are to be paid to Westpac. When all liability to Westpac has beenrepaid, it will discharge the mortgage over the nine properties.[6] An equivalent arrangement is proposed with regard to secured debt owed toANZ Bank New Zealand Ltd over four properties in respect of which it is themortgagee.[7] Mr Shamy for the plaintiff says that if settlement has not occurred by 29 March2018, Westpac will continue its application for assistance under CIV-2017-409-974 inrelation to a mortgagee sale of its secured properties.Disposition[8] I am satisfied that the plaintiff is exercising its contractual rights to such ordersto allow transfer of 13 properties referred to in the draft Order as scheduled, on theterms of the draft Order, and I make orders in terms of paragraphs 1 to 6.[9] I reserve leave for any further application necessary to effect this secondinterim judgment and as to costs..Nicholas Davidson JSolicitors:Ian Robertson & Co., ChristchurchLinda Stanton, DefendantYoung Hunter, ChristchurchCopy to counsel:S J Shamy, Barrister, ChristchurchAnthony Harper, Christchurch for Westpac New Zealand LimitedBefore the Honourable Justice DavidsonAfter reading the statement of claim and the affidavits of THOMAS VICTOR HENRYRONALD CATTERMOLE dated 24 February 2016, 1 December 2016 and 5 March 2018and after hearing SJ Shamy, counsel for the Plaintiff, and C Vinnell, counsel on behalfof Westpac New Zealand Limited, this Court Orders :1. That the Registrar is appointed to sign any transfer or Client Authority and Instructionfor an Electronic Transaction required to effect a transfer to the plaintiff of the 13Christchurch area properties listed in attached schedule A on behalf of the registeredowner of those properties, Linda Mary Stanton.2. That Westpac New Zealand Limited's interest as first mortgagee in respect of eachof the 9 properties in respect of which it is mortgagee is expressly recognised in thisOrder.3. That pending registration of transfers to the Plaintiff of the 9 properties in respect ofwhich Westpac New Zealand Limited is mortgagee no insurance or EQC claim inrelation to the 9 properties is to be compromised or settled without Westpac NewZealand Limited's express written consent (such consent not to be unreasonablywithheld) and that, until Westpac New Zealand Limited has been repaid in full, anyEQC or insurance payments are to be paid to Westpac New Zealand Limited.4. Upon settlement all secured debt owing to Westpac New Zealand Limited is to bepaid in exchange for a discharge of the mortgages over the 9 properties in respect ofwhich it is mortgagee.5. Upon settlement all secured debt owing to ANZ Bank New Zealand Limited is to bepaid in exchange for a discharge of the mortgages over the 4 properties in respect ofwhich it is mortgagee.6. If settlement has not occurred by 29 March 2018 Westpac New Zealand Limited shallcontinue with its application for assistance under CIV 2017-409-974 in relation tomortgagee sale of its security properties.Date:Deputy RegistrarSchedule Ai. 3 Albermarle Street, Christchurch, being all the land contained in UniqueIdentifier CB22B/220.ii. 8 Albermarle Street, Christchurch, being all the land contained in UniqueIdentifier CB22K/336.iii. 10 Albermarle Street, Christchurch being all the land contained in UniqueIdentifier CB395/10.iv. 117 Burke Street, Christchurch, being all the land contained in UniqueIdentifier CB445/244.v. 1/938 Colombo Street, Christchurch, being all the land contained in UniqueIdentifier CB22B/426.vi. 2/938 Colombo Street, Christchurch, being all the land contained in UniqueIdentifier CB22B/427.vii. 67 Hastings Street, Christchurch, being all the land contained in UniqueIdentifier CB22K/191.viii. 1/106 Huxley Street, Christchurch, being all the land contained in UniqueIdentifier CB42B/735.ix. 178 Linwood Avenue, Christchurch, being all the land contained in UniqueIdentifier CB27B/761.x. 93 Nursery Road, Christchurch, being all the land contained in UniqueIdentifier CB376/69.xi. 18 Southampton Street, Christchurch, being all the land contained inUnique Identifier CB22F/590.xii. 59A Southbrook Road, Rangiora, being all the land contained in UniqueIdentifier CB47B/1214.xiii. 45 Whites Road, Christchurch, being all the land contained in UniqueIdentifier CB8F/938.