LI v GREEN LAND INVESTMENT LTD [2023] NZHC 1399

LI v GREEN LAND INVESTMENT LTD [2023] NZHC 1399

The Court affirmed its liability findings and concluded the appropriate remedy is to regularise title and order specific performance of the plaintiffs' agreements against Green Land, require agreed trespass damages from identified plaintiffs, refuse to validate Zhong Xing's proposed contrary transactions, decline a charging order now, and direct procedural steps (single consolidated draft orders for sealing, timelines for responses, and procedures for stakeholder receipt and interlocutory claims to settlement funds).

Citation
[2023] NZHC 1399
Parties
First Plaintiff: JICAI LI; First Plaintiff: FANG YU; Second Plaintiff: YUN SHENG; Third Plaintiff: WEN CHEN; Fourth Plaintiff: ZHONG WEI ZHOU; Fifth Plaintiff: BO LIN; Sixth Plaintiff: JIYUAN WU; Seventh Plaintiff: FANG YU; Eighth Plaintiff: WMW TRUSTEE LIMITED; Ninth Plaintiffs: YANGXUAN WANG and MENGQUI WANG; Tenth Plaintiff: XIN ZHAO; Eleventh Plaintiff: ZELIX TRADING LIMITED; Twelfth Plaintiffs: QIN XIN ZENG and AIXUAN GUO; Thirteenth Plaintiff: JCM NZ LIMITED; Fourteenth Plaintiff: YIKAI CHEN; Fifteenth Plaintiffs: CHEN FENGLIANG and DING MINGMING; Sixteenth Plaintiff: ZHIREN ZHANG; Seventeenth Plaintiff: LOVE HOMES LIMITED; Eighteenth Plaintiffs: ER XIA CAO and ER SHENG CAO (as trustees of ZION TRUST) and ERSHENG CAO and ER XIA CAO (as trustees of CAO TRUST) together with JUN WU; Nineteenth Plaintiffs: JASVINDER SINGH and TINA SINGH; First Defendant: GREEN LAND INVESTMENT LIMITED; Second Defendant: REGISTRAR-GENERAL OF LAND; Third Defendant: ZHONG XING; Fourth Defendant: LEQUN ZHAO; Fifth Defendant: XING ENTERPRISES LIMITED; Sixth Defendant: TRINITY HOPE INVESTMENT LIMITED; Seventh Defendant: FLATBUSH LAND LIMITED; Eighth Defendant: HIU CHING CHAN
Court
High Court
Jurisdiction
New Zealand
Judgment Date
7 June 2023
Procedural Posture
Remedy Hearing Following Liability Judgment / Judgment on Remedy and Directions
Outcome
Declarations from the liability judgment affirmed; the Court will make orders to regularise title and to give effect to specific performance and agreed trespass damages, subject to sealing of a single consolidated draft; Zhong Xing's applications to cancel plaintiffs' agreements and validate his transactions...
Legal Topics
Specific Performance, Trespass Damages, Land Registration, Costs, Charging Order, Stakeholder Funds, Interlocutory Directions
Property Law Contract Equitable Remedies Civil Procedure Specific Performance Trespass Damages Land Registration Costs +3 more

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Parties

JICAI LI

First Plaintiff

FANG YU

First Plaintiff

YUN SHENG

Second Plaintiff

WEN CHEN

Third Plaintiff

ZHONG WEI ZHOU

Fourth Plaintiff

BO LIN

Fifth Plaintiff

JIYUAN WU

Sixth Plaintiff

FANG YU

Seventh Plaintiff

WMW TRUSTEE LIMITED

Eighth Plaintiff

YANGXUAN WANG and MENGQUI WANG

Ninth Plaintiffs

XIN ZHAO

Tenth Plaintiff

ZELIX TRADING LIMITED

Eleventh Plaintiff

QIN XIN ZENG and AIXUAN GUO

Twelfth Plaintiffs

JCM NZ LIMITED

Thirteenth Plaintiff

YIKAI CHEN

Fourteenth Plaintiff

CHEN FENGLIANG and DING MINGMING

Fifteenth Plaintiffs

ZHIREN ZHANG

Sixteenth Plaintiff

LOVE HOMES LIMITED

Seventeenth Plaintiff

ER XIA CAO and ER SHENG CAO (as trustees of ZION TRUST) and ERSHENG CAO and ER XIA CAO (as trustees of CAO TRUST) together with JUN WU

Eighteenth Plaintiffs

JASVINDER SINGH and TINA SINGH

Nineteenth Plaintiffs

GREEN LAND INVESTMENT LIMITED

First Defendant

REGISTRAR-GENERAL OF LAND

Second Defendant

ZHONG XING

Third Defendant

LEQUN ZHAO

Fourth Defendant

XING ENTERPRISES LIMITED

Fifth Defendant

TRINITY HOPE INVESTMENT LIMITED

Sixth Defendant

FLATBUSH LAND LIMITED

Seventh Defendant

HIU CHING CHAN

Eighth Defendant

Procedural Posture

Remedy Hearing Following Liability Judgment / Judgment on Remedy and Directions

Legal Issues

  1. 1 Whether to order specific performance by Green Land to transfer land under plaintiffs' agreements
  2. 2 Whether plaintiffs found to have trespassed must pay agreed damages to Green Land
  3. 3 Whether to regularise the land register and set aside invalid transfers (including transactions asserted by Zhong Xing/Xing Enterprises)

Ratio Decidendi

The Court affirmed its liability findings and concluded the appropriate remedy is to regularise title and order specific performance of the plaintiffs' agreements against Green Land, require agreed trespass damages from identified plaintiffs, refuse to validate Zhong Xing's proposed contrary transactions, decline a charging order now, and direct procedural steps (single consolidated draft orders for sealing, timelines for responses, and procedures for stakeholder receipt and interlocutory claims to settlement funds).

Court Disposition

Declarations from the liability judgment affirmed; the Court will make orders to regularise title and to give effect to specific performance and agreed trespass damages, subject to sealing of a single consolidated draft; Zhong Xing's applications to cancel plaintiffs' agreements and validate his transactions...

Orders

  • Plaintiffs to file and serve a single consolidated set of draft orders for sealing within 20 working days of this judgment
  • Any response by any defendant and any reply to be filed and served within five working days of respective service