New Zealand Case Law: Decisions & Judgments

Topic

Rectification of instrument

Legal area

Court

9 Aug 2022

ABLE VENTURES LIMITED v BOLTON [2022] NZHC 1957

Citation

[2022] NZHC 1957
Court

High Court

Court held the rights to recover the secured debts were statute barred as against Able Ventures because no s47 acknowledgement by its sole director revived limitation; applicant failed to discharge the onus to justify discharge under s105 LTA 2017 and the mortgages were not discharged; however court found on available evidence that K Bolton held the named mortgage interests on constructive trust for the second defendants and ordered transfer of mortgages B.388436.5 and M6484677.2 to the second defendants, reserving leave on the 2001 mortgage and on personal liability issues of the Bells.
28 Jun 2022

KUSABS AND ORS AS TRUSTEES OF THE TUMUNUI LANDS TRUST v STAITE AND ORS AS TRUSTEES OF THE WHAOA NO 1 LANDS TRUST [2022] NZCA 270

Citation

[2022] NZCA 270
Court

Court of Appeal

The Court granted the application to recall its 2019 judgment because the omission to consider whether Mr Moke was conflicted and in breach of fiduciary duty, and whether alternative equitable relief should have been ordered, was material; coupled with the Supreme Court's reservation and encouragement to re-engage, these circumstances justified reopening the appeal to determine those issues.
3 Jun 2022

DARYN TURVEY v DAVID VANCE [2022] NZHC 1167

Citation

[2022] NZHC 1167
Court

High Court

The Court rectified the 2001 deeds to reflect the settlors' intention, applied the established s133 'blessing' framework and found the trustee's proposed distribution and quantified adjustments were within the range of reasonable decisions on the evidence (relying on valuer and builder reports and Dobson J's directions). The $65,050 advance was treated such that repayment was recognised in distribution calculations but, because of limitation and notional settlor risk, Daryn's personal entitlement must be held in trust for his daughters until age 18; the s126 application was dismissed.
1 Apr 2022

THORNLEY v FORD [2022] NZHC 667

Citation

[2022] NZHC 667
Court

High Court

The court found the circa 1980 agreement created an equitable easement by agreement supported by consideration and part performance, but that equitable easement was extinguished by the intermediary July 1996 transfer of the burdened land to Messrs Wiley and Mills because those transferees took without actual or constructive notice and there was no evidence of an intention to defeat the interest at that time; rectification was not pursued and lacked evidence of mistake; the estoppel claim failed because plaintiffs could not show the defendants made a representation or had a duty to warn prior…
7 Feb 2013

QUEEN ELIZABETH THE SECOND NATIONAL TRUST V GREEN GROWTH NO.2 LIMITED HC AK CIV-2012-404-004592

Citation

openlaw-cdac0b6b_8ac4_4da8_a646_f65eb9eef1b0.pdf
Court

High Court

On summary judgment the Court held the covenant could not be construed to apply the detailed second-schedule restrictions to the whole title because the undefined 'protected area' rendered the intended wider restriction uncertain and the plaintiff failed to prove, on admissible evidence, the common intention necessary for rectification; however the registered covenant is an interest in land under s22(6) QEII Act and attracts indefeasibility under s62 Land Transfer Act, and the defendant's counterclaim to remove the covenant failed because it did not establish actual fraud or other recognised…

New Zealand Case Law

ABLE VENTURES LIMITED v BOLTON [2022] NZHC 1957

KUSABS AND ORS AS TRUSTEES OF THE TUMUNUI LANDS TRUST v STAITE AND ORS AS TRUSTEES OF THE WHAOA NO 1 LANDS TRUST [2022] NZCA 270

DARYN TURVEY v DAVID VANCE [2022] NZHC 1167

THORNLEY v FORD [2022] NZHC 667

QUEEN ELIZABETH THE SECOND NATIONAL TRUST V GREEN GROWTH NO.2 LIMITED HC AK CIV-2012-404-004592