RJ ZWARST, LT ZWARST and CJ SAXTON as Trustees of the RJ and LT Zwarst Family Trust v DA SAXTON [2015] NZHC 1888

RJ ZWARST, LT ZWARST and CJ SAXTON as Trustees of the RJ and LT Zwarst Family Trust v DA SAXTON [2015] NZHC 1888

On the evidence before the Court the defendant failed to establish any tenable defence: the period of relevant delay was not attributable to the plaintiffs and did not produce prejudice sufficient to invoke laches, and the alleged misconduct by one trustee (forgery on unrelated documents) was not proven or sufficiently connected to deny the trust's remedy; accordingly summary judgment ordering specific performance was appropriate.

Citation
[2015] NZHC 1888
Parties
Plaintiffs (trustees): RONALD JOHN ZWARST; LISATRACY ZWARST; CHRISTOPHER JOHN SAXTON as Trustees of the RJ and LT Zwarst Family Trust; Defendant (vendor): DAVID ANTHONY SAXTON
Court
High Court
Jurisdiction
New Zealand
Judgment Date
11 August 2015
Procedural Posture
Contract Specific Performance / Summary Judgment Application / Judgment on Fixture
Outcome
Order for specific performance granted in favour of the plaintiff trustees
Legal Topics
Specific Performance, Laches, Unclean Hands, Assignment of Contract, Caveat, Summary Judgment, Forgery Allegation, Costs
Contract Equity Property Civil Procedure Specific Performance Laches Unclean Hands Assignment of Contract +4 more

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Parties

RONALD JOHN ZWARST; LISATRACY ZWARST; CHRISTOPHER JOHN SAXTON as Trustees of the RJ and LT Zwarst Family Trust

Plaintiffs (trustees)

DAVID ANTHONY SAXTON

Defendant (vendor)

Procedural Posture

Contract Specific Performance / Summary Judgment Application / Judgment on Fixture

Legal Issues

  1. 1 Whether the defendant has any tenable defence to an order for specific performance on summary judgment
  2. 2 Whether delay (laches) bars equitable relief
  3. 3 Whether the plaintiffs come to court with clean hands (allegations of forgery and dishonesty)

Ratio Decidendi

On the evidence before the Court the defendant failed to establish any tenable defence: the period of relevant delay was not attributable to the plaintiffs and did not produce prejudice sufficient to invoke laches, and the alleged misconduct by one trustee (forgery on unrelated documents) was not proven or sufficiently connected to deny the trust's remedy; accordingly summary judgment ordering specific performance was appropriate.

Court Disposition

Order for specific performance granted in favour of the plaintiff trustees

Orders

  • Defendant to specifically perform the agreement for sale and purchase dated 7 November 2001 between DA Saxton and Heliventures Limited
  • Costs to plaintiffs on a 2B basis increased by one-third; parties to confer on costs and file memoranda within the timeframes stated if no agreement