TAWANUI DEVELOPMENTS LIMITED V D M HARNETT AND J C MALCOLM AND ANOR HC PMN CIV 2008-454-949

Under the amended High Court Rules the Court lacked jurisdiction to grant a writ of sequestration because the specific performance decree was in substance an order for payment of a sum of money; therefore the application for sequestration was refused.

Citation: openlaw-16d01b80_39f0_440c_bbce_4f175a034344.pdf
Parties: Plaintiff: TAWANUI DEVELOPMENTS LIMITED; First Defendant: D M HARNETT; First Defendant: J C MALCOLM; Second Defendant: D M HARNETT
Court: High Court
Jurisdiction: New Zealand
Judgment Date: 13 October 2009
Procedural Posture: Civil Enforcement Specific Performance / Application for Writ of Sequestration (leave)
Outcome: Application for writ of sequestration refused
Legal Topics: Specific Performance, Sequestration, Contempt, Court Rules Interpretation, Remedies

Civil Procedure Property Law Equity Trusts Enforcement of Judgments Specific Performance Sequestration Contempt +2 more

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Parties

TAWANUI DEVELOPMENTS LIMITED

Plaintiff

D M HARNETT

First Defendant

J C MALCOLM

First Defendant

D M HARNETT

Second Defendant

Procedural Posture

Civil Enforcement Specific Performance / Application for Writ of Sequestration (leave)

Legal Issues

1 Whether the Court has jurisdiction under the High Court Rules to issue a writ of sequestration in respect of non-compliance with a specific performance order
2 Whether an order for specific performance is in substance an order for the payment of a sum of money
3 Whether procedural changes to land transfer (E-dealing) alter the substantive nature of a specific performance decree

Ratio Decidendi

Court Disposition

Application for writ of sequestration refused