New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Execution by registrar

Legal area

Court

30 Nov 2022

JONES v TUHAKARAINA [2023] NZHC 3440

Citation

[2023] NZHC 3440
Court

High Court

Because the respondent failed to cooperate and vacate the property, and independent valuation and agent advice supported marketability at values above the proposed reserve, the Court exercised its s343 powers to order a deadline sale with a $725,000 reserve, authorised the Registrar to execute documents for the respondent, deducted outstanding rates from the respondent's share, and awarded costs to the applicants to facilitate an effective sale.
27 Jun 2008

MEECHAN V MEECHAN HC AK CIV 2008-404-003736

Citation

openlaw-5a4b1750_4a5f_4bbd_9ace_b9548a96a944.pdf
Court

High Court

Evidence established the defendant left New Zealand and would not sign transfer; both parties remained bound by the unconditional sale agreement; the Court has jurisdiction under the Declaratory Judgments Act 1908 and s 3 of the Judicature Amendment Act 1910 to grant declarations and to order the Registrar to execute the transfer; accordingly the Court made the order sought.