New Zealand Case Law: Decisions & Judgments

Topic

Partition of land

Legal area

Court

12 Jun 2018

YOZIN v NEW ZEALAND GUARDIAN TRUST COMPANY LIMITED [2018] NZHC 1390

Citation

[2018] NZHC 1390
Court

High Court

Claim dismissed: plaintiffs failed to prove an express or implied promise to reward services with testamentary provision of land and the alleged services did not clearly exceed normal family obligations; claim was very late and leave was declined as futile on the evidence; will construed to require sale and not to vest land in specie; rectification not supported; partition unnecessary and not shown to be advantageous.
1 Dec 2014

AHURIRI and ORS v ETHEREDGE [2014] NZHC 3031

Citation

[2014] NZHC 3031
Court

High Court

The Buckton plan realignment is just and equitable under ss 339-343; the proposed building sites must be allocated to K3A because joint owners have reasonable and evidenced expectations to enable potential dwelling sites; the unconsented Tahitahi house is excluded from valuation and the respondent cannot belatedly change valuation stance after close of evidence; the occupancy right gave no compensable loss once merged into legal title; K3B exceeds K3A by $21,000 so respondent must pay equalisation compensation of $10,500; partition costs to be shared equally.
21 Sept 2010

ROBERTSON V GILBERT AND ORS CA CA43/2010

Citation

openlaw-dd6496ca_0ca1_44e5_bd53_d77b6fb748bf.pdf
Court

Court of Appeal

The application for extension of time to appeal and related applications were dismissed because there was inordinate unexplained delay, no persuasive prejudice to the applicant that outweighs prejudice to respondents, the proposed grounds lacked sufficient merit to justify reopening final judgments, and the interests of justice did not require granting leave.

New Zealand Case Law

YOZIN v NEW ZEALAND GUARDIAN TRUST COMPANY LIMITED [2018] NZHC 1390

AHURIRI and ORS v ETHEREDGE [2014] NZHC 3031

ROBERTSON V GILBERT AND ORS CA CA43/2010