New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Contract for sale of land

Legal area

Court

17 Dec 2018

JIN HOUSE NZ LTD v SCOTT POINT ESTATE GP LTD [2018] NZHC 3359

Citation

[2018] NZHC 3359
Court

High Court

Scott Point was entitled to increased costs because Jin House unreasonably refused a bona fide without-prejudice except as to costs offer that was founded on the same point fatal to Jin House's case; a 30% uplift on scale was appropriate, but the award must not exceed recoverable expenses and is capped at $17,800 plus disbursements, with GST excluded if Scott Point is GST-registered.
14 Dec 2017

NGOI v WEN [2017] NZCA 598

Citation

[2017] NZCA 598
Court

Court of Appeal

The stay was granted because performing the sale before the Supreme Court could consider leave would likely render the intended appeal nugatory, and appropriate conditions in the form of undertakings to the Registrar by the transferees would adequately protect the appellant and avoid prejudice to development, so a conditional stay is the proper remedy.
1 Jul 2011

GILDING v DE BOER and ANOR HC WHA CIV-2010-488-000054

Citation

openlaw-59edc9b9_6e03_4129_9ca6_0a4dbdb5ab53.pdf
Court

High Court

High Court upheld District Court: solicitor breached duty by negligently including the eastern lot and failing to ensure elderly clients understood the effect; de Boer Farms suffered compensable loss equal to the value of the lost eastern lot ($90,000) and appeal dismissed.