New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Equitable interest in land

Legal area

Court

12 Aug 2014

R H TREGOWETH LTD v REGISTRAR OF COMPANIES [2014] NZHC 1899

Citation

[2014] NZHC 1899
Court

High Court

Given Tregoweth's equitable claim and conduct, the consent of served parties, absence of prejudice or misconduct, and the public interest in permitting the land to be dealt with, the Court found Tregoweth fell within the scope of 'creditor' for s336(7) and granted leave under s42(4A), restored Ellis and Burnand Ltd, appointed a director to effect transfer and authorised removal upon registration of transfer.
16 Dec 2013

FANSHAWE 136 LIMITED v WILSON PARKING NEW ZEALAND LIMITED [2013] NZHC 3395 [16 December 2013]

Citation

[2013] NZHC 3395
Court

High Court

The Waiver Letter was a clear, objective representation that Wilson would waive its right of first refusal for purchases by Mr Haghi or related parties; plaintiffs reasonably relied to their detriment; it would be unconscionable for Wilson to act inconsistently with that representation; accordingly Wilson is estopped from exercising its ROFR against the plaintiffs and 136 Fanshawe holds an equitable interest under the Buy Back Agreement (10 September 2012) enforceable by specific performance; Wilson's competing interest does not have priority.