COUMAT LTD v THE REGISTRAR GENERAL OF LAND & ORS [2016] NZHC 1911

COUMAT LTD v THE REGISTRAR GENERAL OF LAND & ORS [2016] NZHC 1911

The application for an interim declaration was dismissed because interim declaratory relief against the Crown is exceptional and inappropriate here, statutory Land Transfer Act procedures (including Registrar processing and s143 removal) should be followed, damages are an adequate remedy and a final determination...

Source-derived case information.

Citation
[2016] NZHC 1911
Parties
Plaintiff: Coumat Limited; First Defendant: The Registrar General of Land; Second Defendant: Zest for Realty Limited; Third Defendant: Marcus Noel Beveridge trading as Queen City Law
Court
High Court
Jurisdiction
New Zealand
Judgment Date
17 August 2016
Procedural Posture
Civil Proceeding Land/title Dispute (injunction/declaration/damages) / Interlocutory Hearing (application for Interim Declaration/interim Relief)
Outcome
Application for an interim declaration dismissed; costs reserved.
Legal Topics
Caveat, Charging Order, Interim Declaration, Injunction, Declaratory Relief, Land Transfer Act S137, Land Transfer Act S143, Crown Proceedings Act S17, High Court Rules R17.48
Property Law Equity Civil Procedure Crown Proceedings Land Transfer Law Caveat Charging Order Interim Declaration +6 more

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Parties

Coumat Limited

Plaintiff

The Registrar General of Land

First Defendant

Zest for Realty Limited

Second Defendant

Marcus Noel Beveridge trading as Queen City Law

Third Defendant

Procedural Posture

Civil Proceeding Land/title Dispute (injunction/declaration/damages) / Interlocutory Hearing (application for Interim Declaration/interim Relief)

Legal Issues

  1. 1 Whether the Court may grant an interim declaration in proceedings involving the Crown
  2. 2 Whether Zest has a caveatable interest in the land (effect of charging order and timing relative to unconditional sale)
  3. 3 Whether interim relief is appropriate given adequacy of damages and statutory Land Transfer Act procedures

Ratio Decidendi

The application for an interim declaration was dismissed because interim declaratory relief against the Crown is exceptional and inappropriate here, statutory Land Transfer Act procedures (including Registrar processing and s143 removal) should be followed, damages are an adequate remedy and a final determination could not properly be made at the interlocutory hearing without all parties and prior notice.

Court Disposition

Application for an interim declaration dismissed; costs reserved.

Orders

  • The application for an interim declaration is dismissed.
  • Costs reserved.