New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Land transfer act s 62

Legal area

Court

5 Mar 2015

QUEEN ELIZABETH II NATIONAL TRUST v GREEN GROWTH NO. 2 LIMITED [2015] NZHC 343 [4 March 2015]

Citation

[2015] NZHC 343
Court

High Court

Costs were declined because the plaintiff sought an indulgence (rectification) and the litigation arose from the plaintiff's own drafting error; the defendant was entitled to contest novel legal issues including indefeasibility and its participation did not justify awarding costs to the plaintiff.
5 Feb 2008

CELIBRIALA LIMITED V INWOOD AND ORS HC CHCH CIV 2008-409-000120

Citation

openlaw-e582080c_196c_4d37_93c7_0c1d0cd8be85.pdf
Court

High Court

The Court found the plaintiff demonstrated a serious question to be tried and that the balance of convenience favored preserving the status quo because the defendants had not complied with the lease requirement to give written notice of the sale triggering the right of first refusal; accordingly an interim injunction was necessary to prevent transfer that would likely become indefeasible under s 62 LTA until the specific performance application could be heard.