NORTHWEST DEVELOPMENTS LTD v ZHANG & ORS [2018] NZHC 1736

NORTHWEST DEVELOPMENTS LTD v ZHANG & ORS [2018] NZHC 1736

The plaintiff was entitled to enforce the 5 Owners Agreement against the defendants; the defendants remained contractually liable despite their sale to Sanli and had no defence to the claim; summary judgment was appropriate and specific performance was ordered requiring the defendants to give consent, procure third‑party consents and, if necessary, initiate s145A Land Transfer Act procedures to remove impediments.

Citation
(2018) 19 NZCPR 726
Parties
Plaintiff: Northwest Developments Ltd; Defendant: Cheng Zhang; Defendant: Jin Kuk Jung; Defendant: Pill Soon So
Court
High Court
Jurisdiction
New Zealand
Judgment Date
13 July 2018
Procedural Posture
Civil (contract Enforcement) / Summary Judgment (judgment Delivered 13 July 2018)
Outcome
Summary judgment for plaintiff; declarations and specific performance granted against the defendants (Jung interests)
Legal Topics
Specific Performance, Easements, Novation, Abuse of Process, Summary Judgment, Caveat, Land Transfer Act S145 a
Contract Law Property Law Equity Land Transfer Civil Procedure Specific Performance Easements Novation +4 more

Case Brief

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Parties

Northwest Developments Ltd

Plaintiff

Cheng Zhang

Defendant

Jin Kuk Jung

Defendant

Pill Soon So

Defendant

Procedural Posture

Civil (contract Enforcement) / Summary Judgment (judgment Delivered 13 July 2018)

Legal Issues

  1. 1 Whether plaintiff may enforce the Huapai Triangle 5 Owners Agreement against the defendants
  2. 2 Whether the defendants remain liable as parties under the 5 Owners Agreement despite sale to a purchaser
  3. 3 Whether the filing of this proceeding is an abuse of process given parallel proceedings

Ratio Decidendi

The plaintiff was entitled to enforce the 5 Owners Agreement against the defendants; the defendants remained contractually liable despite their sale to Sanli and had no defence to the claim; summary judgment was appropriate and specific performance was ordered requiring the defendants to give consent, procure third‑party consents and, if necessary, initiate s145A Land Transfer Act procedures to remove impediments.

Court Disposition

Summary judgment for plaintiff; declarations and specific performance granted against the defendants (Jung interests)

Orders

  • Declaration that the defendants are bound under the 5 Owners Agreement to give their consent to the Survey Plan
  • Declaration that the defendants must procure any person with a registered interest in 77 Nobilo Road or who has lodged a caveat or other noted interest to consent to the Survey Plan to deposit, including those named in the statement of claim