New Zealand Case Law: Decisions & Judgments

Topic

In personam jurisdiction

Legal area

Court

30 Jun 2014

BURT v YIANNAKIS [2014] NZHC 1488

Citation

[2014] NZHC 1488
Court

High Court

The strike-out application was dismissed because the Property (Relationships) Act does not displace rights in foreign immovables absent written agreement and New Zealand courts can, in personam, adjudicate personal equitable obligations arising from trusts, contract, fraud or unconscionable conduct; the legal issues are not settled and significant factual disputes exist, so it would be inappropriate to strike out the claims pre-trial.
15 May 2009

CASHMERE CAPITAL LIMITED V CROSSDALE PROPERTIES LIMITED AND ORS CA CA730/2008

Citation

openlaw-897a80e7_1ff2_45c7_9505_ea969c271619.pdf
Court

Court of Appeal

The Court held Cashmere had not given the positive consent required to bind it to the respondents' occupancy agreements and thus the in personam exception did not apply; however the Retirement Villages Act 2003, as applied by the Order in Council under s103 and the consequent memorial under s21, operates to protect residents and restrict a mortgagee's rights under s22 where the mortgage was taken after the statutory cutoff, so the appeal was dismissed.
23 Oct 2008

REGAL CASTINGS LTD V G M AND G N LIGHTBODY AND ORS SC 72/2007

Citation

REGAL CASTINGS LTD V G M AND G N LIGHTBODY AND ORS SC 72/2007
Court

Supreme Court

The Court held the transfer of the family home was an alienation with intent to defraud under s 60 Property Law Act 1952 (intent properly inferred from insolvency/near insolvency, transfer at under-value, secrecy, retention of benefit and gifting programme); the trustees were not protected by s 60(3) because they were tainted by the settlor's knowledge; s 60 can operate to provide relief in respect of Land Transfer land and, where appropriate, the Court will grant in personam remedies (including orders to transfer a share and remedial constructive trust) to give effect to s 60, accordingly th…

New Zealand Case Law

BURT v YIANNAKIS [2014] NZHC 1488

CASHMERE CAPITAL LIMITED V CROSSDALE PROPERTIES LIMITED AND ORS CA CA730/2008

REGAL CASTINGS LTD V G M AND G N LIGHTBODY AND ORS SC 72/2007