New Zealand Case Law: Decisions & Judgments

Topic

Mortgage

Legal area

Court

12 Dec 2023

HAN v XUE [2023] NZHC 3645

Citation

[2023] NZHC 3645
Court

High Court

The interlocutory application was dismissed because consolidation with the later-filed Han v Robertson would cause undue delay and prejudice given the distinct parties and causes of action in the new proceeding, the procedural posture of the new proceeding (new defendants, statements of defence not yet due), and the existing allocation of a five-day trial for CIV-2021-404-1717; these considerations made vacating the scheduled trial inappropriate.
3 Jul 2023

ABLE VENTURES LIMITED v BOLTON [2023] NZHC 1689

Citation

[2023] NZHC 1689
Court

High Court

The 2001 mortgage is declared held by the first defendant as constructive trustee because it is indistinguishable from the 1996 and 2005 mortgages; s44A relief is available where a defendant fails to comply with a court order, but the court must first serve this judgment on the non-compliant defendant before directing the Registrar to execute transfers; accordingly the court ordered service and provided for Registrar execution of transfers if the defendant does not comply within stipulated timeframes.
27 Feb 2023

NEW WORLD (NEW ZEALAND) LIMITED v WANG [2023] NZCA 35

Citation

[2023] NZCA 35
Court

Court of Appeal

On payment of $70,000 the Deed created an express trust such that Ms Zhang held legal title purely as trustee and Ms Wang acquired the entire beneficial interest; vesting of the beneficial interest was not conditional on calling for transfer of legal title, so the High Court correctly excluded the property from the charging order.
1 Dec 2022

CUNNINGHAM v JOHNSON [2022] NZHC 3182

Citation

[2022] NZHC 3182
Court

High Court

The Court held that some denials in the defendants' statement of defence were adequate when read in context, but several sub-paragraphs were evasive or unclear—particularly where single paragraphs in the statement of claim contained multiple factual propositions or mixed fact and law—and ordered the defendants to re-plead specified sub-paragraphs to provide fair and substantial answers in accordance with r 5.48 High Court Rules 2016; costs were to lie where they fall.
9 Jun 2022

COMMISSIONER OF POLICE v BRACKEN and ORS [2022] NZHC 1357

Citation

[2022] NZHC 1357
Court

High Court

ANZ proved on the balance of probabilities that it holds legal and equitable severable interests as first charge mortgagee and first ranked secured creditor over the identified restrained property and that it did not unlawfully benefit from the criminal activity; accordingly s30(2) required exclusion of ANZ's severable interests from the restraining orders.
22 Feb 2022

POWELL v K 2 INVESTMENT GROUP LIMITED [2022] NZHC 244

Citation

[2022] NZHC 244
Court

High Court

Given K2 Investment Group Ltd's failure to register the mortgage despite time and repeated requests and the prior specific performance declaration, it was necessary and appropriate to authorise the Registrar to sign the documents reasonably necessary to effect the mortgage to give practical effect to the Court's earlier order.
10 May 2021

SUN v WEI [2021] NZHC 1040

Citation

[2021] NZHC 1040
Court

High Court

The Court found that the plaintiff has an arguable case that consideration exists because the loans advanced and the granting of extended time to repay (forbearance to sue) can constitute consideration, and antecedent indebtedness may support the instruments as promissory notes under the Bills of Exchange Act; consequently it was not appropriate to strike out the claim or enter summary judgment for the defendants, and the caveat could not be removed as it rests on an arguable mortgage interest.
24 Nov 2020

NATION LAND ASSETS LTD v WAIWERA HEIGHTS COUNTRY CLUB LTD [2020] NZHC 3110

Citation

[2020] NZHC 3110
Court

High Court

The plaintiff established the debt, service of required Property Law Act notices and the absence of any reasonably arguable defence; accordingly summary judgment was granted for the plaintiff for the outstanding principal and interest, with interest to continue at the contractual compounded penalty rate and recovery of contractual costs.
23 Dec 2019

MILLAR v MEYERS [2019] NZHC 3421

Citation

[2019] NZHC 3421
Court

High Court

Division in kind was impracticable; plaintiffs may either purchase the first defendants' shares at the court-ordered price of $109,875 per share or the property must be sold with net proceeds divided equally; defendants must pay plaintiffs 50% of fair occupation rent from 1 January 2014 at specified weekly rates and grazing compensation from 1 January 2014 at $740 per hectare per annum; deductions for Family Court costs and the value of a utility building were refused for inadequate evidence; Marriners' mortgage will not be discharged without proper evidence and Marriners and Thomas Meyers ar…
19 Jun 2019

AVON PARNELL LTD v CHEVIN [2019] NZHC 1398

Citation

[2019] NZHC 1398
Court

High Court

The Court granted a without‑notice freezing order because the applicants demonstrated a good arguable proprietary claim to the funds, provided sufficient evidence of suspicious transfers including $990,000, and established a real risk of dissipation; ancillary disclosure orders and a limited expiry were appropriate to protect the applicants while allowing respondents opportunity to apply to vary or discharge the orders.