New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Compensation for land

Legal area

Court

29 Nov 2019

HARVEY v HEEMAN & ANOR [2019] NZHC 3131

Citation

[2019] NZHC 3131
Court

High Court

The without‑notice interim injunction application was dismissed because the applicants did not demonstrate that requiring notice would cause undue delay or prejudice given the auction date left time for service and a short‑notice hearing; Pickwick service is insufficient as a substitute for full opportunity to respond, so the correct course is to serve the respondent, abridge time for opposition, and list a hearing on short notice.
20 Apr 2017

BOYER v MCCRACKEN [2017] NZHC 755

Citation

(2017)18 NZCPR 671
Court

High Court

The Court held it had jurisdiction under s323 of the Property Law Act 2007 to grant relief for a wrongly placed structure despite cross-lease titles and the intentional historical placement of the path; on a balancing of detriments it was just and equitable to vest the circa 11m2 path strip in the plaintiffs, subject to compensation and ancillary amendments, and awarded compensation of NZD 85,000 plus survey and conveyancing costs.