MELANESIAN MISSION TRUST BOARD v OLLIVER TRUSTEE LTD AS TRUSTEE OF THE OLLIVER FAMIILY TRUST [2017] NZHC 1594

MELANESIAN MISSION TRUST BOARD v OLLIVER TRUSTEE LTD AS TRUSTEE OF THE OLLIVER FAMIILY TRUST [2017] NZHC 1594

On the uncontested affidavit evidence the Court was satisfied there was no triable issue and the plaintiff was entitled to summary judgment: the agreement dated 1 May 2015 was validly cancelled by the plaintiff due to non-payment of the deposit and failure to settle, and costs were awarded against the defendants.

Citation
[2017] NZHC 1594
Parties
Applicant/plaintiff: Melanesian Mission Trust Board; First Respondent/first Defendant: Olliver Trustee Limited as trustee of the Olliver Family Trust; Second Respondent/second Defendant: The Kohimarama Trust Limited
Court
High Court
Jurisdiction
New Zealand
Judgment Date
11 July 2017
Procedural Posture
Civil (sale and Purchase of Land) / Application for Summary Judgment, Judgment Delivered
Outcome
Summary judgment entered for applicant; declaration that agreement was cancelled; costs awarded against defendants
Legal Topics
Contract Cancellation, Deposit Non Payment, Settlement, Caveat, Summary Judgment
Property Law Contract Law Civil Procedure Contract Cancellation Deposit Non Payment Settlement Caveat Summary Judgment

Case Brief

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Parties

Melanesian Mission Trust Board

Applicant/plaintiff

Olliver Trustee Limited as trustee of the Olliver Family Trust

First Respondent/first Defendant

The Kohimarama Trust Limited

Second Respondent/second Defendant

Procedural Posture

Civil (sale and Purchase of Land) / Application for Summary Judgment, Judgment Delivered

Legal Issues

  1. 1 Whether the plaintiff was entitled to summary judgment against the defendants
  2. 2 Whether the agreement for sale and purchase dated 1 May 2015 was validly cancelled by the plaintiff
  3. 3 Whether the defendants' failure to pay the deposit and to settle entitled the plaintiff to damages or relief and removal of caveats

Ratio Decidendi

On the uncontested affidavit evidence the Court was satisfied there was no triable issue and the plaintiff was entitled to summary judgment: the agreement dated 1 May 2015 was validly cancelled by the plaintiff due to non-payment of the deposit and failure to settle, and costs were awarded against the defendants.

Court Disposition

Summary judgment entered for applicant; declaration that agreement was cancelled; costs awarded against defendants

Orders

  • Declaration that the Melanesian Mission Trust Board was entitled to and did cancel the agreement for sale and purchase dated 1 May 2015
  • Costs against the first and second defendants jointly and severally in the sum of $11,159.39 including disbursements