New Zealand Case Law: Decisions & Judgments

Topic

Property law act s119

Legal area

Court

5 Mar 2020

Lu v Industrial and Commercial Bank of China (New Zealand) Limited [2020] NZHC 402

Citation

[2020] NZHC 402
Court

High Court

All pleaded and foreshadowed causes of action were untenable on the pleaded facts and contemporary documentary record: alleged promise to provide future lending was at best an ambiguous future intention subject to bank approval and inconsistent with documents and the borrowers' defaults; equitable estoppel failed for lack of clear unambiguous promise and because departure would not be unconscionable; CGA/service and fiduciary/duty claims were unsupported; PLA s176 claim failed because the bank took reasonable steps, followed professional advice and marketing and the sale outcome reflected mar…
15 Dec 2015

CBI COMPANY LIMITED v D & E BUSES LIMITED [2015] NZHC 3205

Citation

[2015] NZHC 3205
Court

High Court

A mortgagee is within the statutory concept of proprietor and may use s145A; CBI failed to establish a reasonably arguable caveatable interest because the 4 March 2014 agreement was uncertain and unenforceable (defective purchaser entity, lack of required formal assignment/consideration, conditional collateral agreements and intervening liquidations), CBI could not effect settlement, and DNA purchased for value in good faith and took possession and expended substantial funds; accordingly CBI's caveat was not sustainable and the application to prevent lapse was dismissed.
4 Oct 2011

WESTPAC NEW ZEALAND LIMITED V WANG HC AK CIV-2011-404-000416

Citation

openlaw-06bbd391_bdbb_4d30_953e_6c21be2f61e5.pdf
Court

High Court

Defendant has no arguable defence because she indisputably borrowed the funds and sold the property herself with the plaintiff's consent to discharge the mortgage, rendering the issue of substituted service and a mortgagee sale irrelevant; there is no basis for liability for permissive waste or negligent valuation by the plaintiff, and no equitable set-off; therefore summary judgment is appropriate.

New Zealand Case Law

Lu v Industrial and Commercial Bank of China (New Zealand) Limited [2020] NZHC 402

CBI COMPANY LIMITED v D & E BUSES LIMITED [2015] NZHC 3205

WESTPAC NEW ZEALAND LIMITED V WANG HC AK CIV-2011-404-000416