31 Aug 2015
The Court declined to grant the mandatory injunction because the contractual position was uncertain, damages appeared likely to be an adequate remedy, and the statutory and administrative context (including potential effect of s 118 and the Department's processing of surrender notices) made the exceptional remedy inappropriate.
31 Aug 2015
The 20 December 2013 document, properly construed, granted an option to purchase shares in an envisaged joint venture company which was to own Rocky Peaks, not an option to purchase land; therefore it did not create an interest in land capable of registration under s137 Land Transfer Act 1952. The authenticated signature fiction did not apply because the presence of the director's name did not evidence an intention to be bound, and the doctrine of part performance was not established. Consequently the application to prevent the caveat from lapsing was dismissed.
23 Jan 2008
The court found that either a binding prepayment agreement existed or, alternatively, the deed of encumbrance entitled the plaintiffs to recover maintenance costs; the statutory demand created a presumption of inability to pay under s287 which the defendant failed to rebut with specific evidence on cashflow; accordingly the company was insolvent and there was no genuine and substantial dispute to prevent winding up, warranting appointment of a liquidator.
7 Mar 2007
THE NEW ZEALAND AIRLINE PILOTS' ASSOCIATION INDUSTRIAL UNION OF WORKERS INCORPORATED V AIR NEW ZEALAND LIMITED SC 91/2006