New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Right of first refusal/pre-emption

Legal area

Court

17 Aug 2023

STILLS v McCORMACK [2023] NZHC 2224

Citation

[2023] NZHC 2224
Court

High Court

Caveat dismissed because applicant failed to establish an arguable equitable proprietary interest: evidence of any right of first refusal was vague and unsupported by contemporaneous writing or specifics as to grant, consideration or terms; contributions did not establish entitlement to ownership or proprietary share beyond lease obligations; any alleged right would be personal to the grantor and unenforceable for non-compliance with s24 or absence of part performance. The caveat therefore cannot be sustained.
1 Aug 2008

BLUE PROPERTIES LIMITED AND STARTING FIVE LIMITED V MKW HOLDINGS LIMITED HC WN CIV 2007-485-1016

Citation

openlaw-13a58a47_4c24_4d79_96f9_243a25dac1c4.pdf
Court

High Court

Clause 4.3 is properly read as creating a notional/hypothetical calculation: where the Vendor completes the Vendor's Works the Purchaser must pay an amount equivalent to what the Purchaser would have spent to implement the Purchaser's Proposed Works, calculated by reference to the items listed in clause 4.3. Separately, the sale of the three remaining unit‑titled carparks as part of the wider sale to Multiplex amounted to those carparks being 'available for sale' and selling them without first offering them to the Purchaser at the contractual price breached clause 16.1.