27 Jul 2020
Appeal allowed: court held Kinara did not prove an easement by implied grant survived to 2007, Infinity did not take title with LTA fraud, and the estoppel by silence failed because Kinara had constructive notice from the register so there was no duty on Infinity to speak; accordingly indefeasibility of Infinity's registered title prevailed.
25 Oct 2019
The court held the matter was category 2 (average complexity), awarded costs to the respondent on a 2B basis, allowed 0.25 days for appearance, disallowed the unexplained service fee, allowed the cost of sealing the order, and fixed total costs at $9,440.50 plus disbursements of $165.00.
22 Feb 2018
Stafford does not presently have a reasonably arguable caveatable beneficial interest in the ACC property because he cannot show a beneficial interest derived from the registered proprietor (ACC) absent lawful ministerial action; although it is arguable Ministers could lawfully direct ACC under the Crown Entities Act to preserve land that may be used to satisfy Crown liabilities arising from the Wakatū decision, that unexercised power does not confer a present caveatable interest, so the caveat is not supported on its merits but is temporarily maintained to permit ministerial consideration.
11 Jul 2017
Because the caveator failed to prosecute the underlying proceedings for an extended period (about 12 years) in breach of the earlier condition requiring due diligence, and the liquidators consented to the proceedings against the company in liquidation, the court ordered that the caveat be lapsed and removed from the title.
10 Dec 2015
The Court was satisfied on the medical evidence that the respondent trustee is under a disability, that the continuing trustees had power to appoint an additional trustee under s43, that beneficiaries approved the vesting (and the incapacitated settlor could not approve), and accordingly made a vesting order under s52 vesting the specified land in the named trustees and dispensed with service on the incapacitated settlor.
26 Aug 2015
The Court awarded reasonable solicitor-client costs to non-parties Mr and Mrs Davis against Mr Rod in the sum of NZD 9,600 plus disbursements NZD 667.35, dismissed the costs claim against Clanard Property Trust Company Ltd and refused the security for costs application because there was no evidential foundation; the award reduced the claimed quantum after finding the non-parties' response excessive but partially justified by urgency.
19 Mar 2015
The court awarded the first respondent costs against the applicants in the fixed sum of $4,488 on a 2B basis and reserved determination of any costs between the applicants and the second respondent to be dealt with as part of the substantive proceedings.
9 May 2014
The applicant failed to establish grounds sufficient to justify an order preventing the caveat from lapsing; accordingly the court declined to make the order and dismissed the originating application.
26 Feb 2014
Although the plaintiffs' circumstances engendered sympathy, their proceeding was without legal justification; therefore the defendant, as successful party, was entitled to costs on the agreed 2B scale and disbursements, resulting in an award of $13,837.44.
22 Oct 2013
The plaintiffs failed to prove on the balance of probabilities that occupiers of section 120 were in adverse possession of the disputed wedge as at 1932 with the necessary intention to possess; familial/common ownership and available evidence supported an inference of accommodation rather than adversity, therefore adverse possession did not mature and the claim must be dismissed.