New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Land transfer act s172

Legal area

Court

19 Oct 2012

NAGS HEAD HORSE HOTEL LTD V FOREST TRUSTEE LTD HC AK CIV-2012-404-001739

Citation

openlaw-b90bcfdd_fd59_4807_8d5b_d3dcf9f3db2d.pdf
Court

High Court

Joinder was dismissed because permitting it would cause undue delay to the timely resolution of the summary judgment application, the core legal issue (operation of s105) is between the existing parties and must be resolved first, and the proposed third party claim against LINZ is inadequately pleaded and unsuitable for summary disposition; if the existing parties' dispute is resolved in the applicant's favor joinder can be sought later.
3 May 2011

BURMEISTER V REGISTRAR-GENERAL OF LAND HC TAU CIV-2008-470-000912

Citation

openlaw-866f45ee_b0db_45be_83be_ba65fdc41658.pdf
Court

High Court

The Court held that s180(2) requires actual awareness of the facts constituting the right to claim or absence of blameworthy subjective default; the plaintiffs were deflected by fraudulent assurances and did not become aware in Sept/Oct 2002, but did become aware when they read the Sunday Star Times and sought legal advice in April 2003, so the six-year limitation period commenced then and the proceedings filed 22 October 2008 are within time.