New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Notice to purchaser

Legal area

Court

20 Dec 2019

SINGH v FAIRVIEW CONTRACTING SERVICES LIMITED [2019] NZHC 3461

Citation

[2019] NZHC 3461
Court

High Court

Because Fairview acquired title without any allegation of fraud, there was no evidence it had actual knowledge of Singh's interest and no caveat was ever lodged to protect any claimed equitable interest, there were no interim rights to protect and consequently no basis to grant a stay; the ex parte application is dismissed.
18 Dec 2013

LA FAMIA NO. 1 LIMITED v GAN and YU [2013] NZHC 3491

Citation

[2013] NZHC 3491
Court

High Court

Although there was a serious issue to be tried that LF1 left chattels at the premises and that some items were unaccounted for, the balance of convenience did not favor forcing Wigram to cease trading or to deliver up chattels because Wigram paid valuable consideration, there was insufficient evidence it had notice of LF1's specific claim, cessation would be disproportionate and damages or restitution at trial (and inspection to identify items) provide adequate protection.