New Zealand Case Law: Decisions & Judgments

Topic

Equitable lien/charge

Legal area

Court

5 Nov 2018

SMITH v AIRD [2018] NZHC 2852

Citation

[2018] NZHC 2852
Court

High Court

The court found the parties agreed that the applicant would fund renovations in return for possessory rights to rent the land to recoup costs, which constituted appropriation of land/rights to the contract and satisfied the Hewett criteria for an equitable lien/charge; the caveat description was adequate, so the applicant established an arguable equitable proprietary interest and the caveat must be sustained subject to condition to commence proceedings within 15 working days.
6 Sept 2018

CRAWFORD AND WELLS v PHILLIPS [2018] NZCA 351

Citation

[2018] NZCA 351
Court

Court of Appeal

Because the litigation originated from uncertainty in the will (a fault of the testator) and the appellants, acting as executors, had sufficient and reasonable grounds to defend the will, the Re Paterson exceptions apply and justify ordering that the fair and reasonable actual costs and disbursements of both appellants and respondent be paid by the estate; alleged negligence by an executor in a separate capacity as solicitor does not preclude this result.
8 Nov 2017

LSF TRUSTEES LIMITED v FOOTSTEPS TRUSTEE COMPANY LIMITED (IN LIQUIDATION) [2017] NZHC 2619

Citation

[2017]NZAR 1676
Court

High Court

There was a genuine dispute under s 290(4)(a) as to whether Footsteps was a creditor of either applicant because Footsteps' rights rested on an equitable indemnity and lien which give proprietary remedies enforceable only by judicial process and do not create a personal debt owed by the new trustee or purchaser in the absence of an express contractual indemnity; accordingly the statutory demands were set aside.
29 Nov 2013

OFFICIAL ASSIGNEE v SMITH AND PERKINS [2013] NZHC 3217

Citation

[2013] NZHC 3217
Court

High Court

The Official Assignee, standing in the bankrupt's shoes, acquired the bankrupt's trustee right of indemnity on adjudication which carried an equitable lien charging the Bay of Islands Trust property; consequently the court declared Smith and Oliver Perkins to be trustees, held the trust property charged for the judgment debt, authorised sale to satisfy the lien and appointed receivers to identify and realise trust assets.

New Zealand Case Law

SMITH v AIRD [2018] NZHC 2852

CRAWFORD AND WELLS v PHILLIPS [2018] NZCA 351

LSF TRUSTEES LIMITED v FOOTSTEPS TRUSTEE COMPANY LIMITED (IN LIQUIDATION) [2017] NZHC 2619

OFFICIAL ASSIGNEE v SMITH AND PERKINS [2013] NZHC 3217