New Zealand Case Law: Decisions & Judgments

Topic

Sale of property

Legal area

Court

8 Nov 2022

WU v CHRISTCHURCH HIGH COURT [2022] NZHC 2916

Citation

[2022] NZHC 2916
Court

High Court

The proceeding was struck out as an abuse of process because the claims had been finally determined in consolidated proceedings (so collateral attack was impermissible), Mr Wu had no standing to resurrect or re-litigate Ms Fan's claims, and the sale of the property occurred pursuant to judicial sale directions (not under pt 17 enforcement requiring r17.72 notice), rendering the application meritless and plainly abusive.
8 Aug 2022

COMMISSIONER OF POLICE v ROSS [2022] NZHC 1936

Citation

[2022] NZHC 1936
Court

High Court

The Court granted ancillary orders under s 83 Criminal Proceeds (Recovery) Act 2009 directing the Official Assignee to sell the specified property, empowering the Official Assignee to execute deeds in the name of the registered proprietors, to deduct actual sale costs and repay secured borrowings, and to apply the net proceeds in accordance with s 83 (and s 87) of the Act, and permitting the Bank of New Zealand to sell in consultation with the Official Assignee if the respondents fall two months in arrears on mortgage repayments.
16 Jun 2022

TELFORD v TELFORD [2022] NZHC 1412

Citation

[2022] NZHC 1412
Court

High Court

There was a shared common intention that Billy and Eileen would be the primary/majority owners and Jamie and Tessa secondary/minority owners by reason of the parties' circumstances and contributions; quantification based on proved contributions and reasonable valuation of labour yields plaintiffs 73% beneficial interest and defendants 27% beneficial interest; the $80,000 deposit was not a gift to defendants; the second loan is credited to defendants to the extent of actual repayments; relief is reserved for later determination.
16 Dec 2021

LO v LO [2021] NZCA 693

Citation

(2021) 22 NZCPR 721
Court

Court of Appeal

The Court of Appeal held the brothers are legal co‑owners in equal shares but the mother holds an equitable interest under a constructive trust protecting her reasonable expectation of a home; that expectation does not require retention of the six‑bedroom house but can be satisfied by a one‑third share for each party enabling a buy‑out of the appellant or, failing that, an orderly sale with ancillary orders to protect the mother's interests; appeal allowed and respondents granted leave to buy out appellant's one‑third share on specified terms, with leave reserved for submissions on sale order…
9 Dec 2021

GUTHRIE v BROWN [2021] NZHC 3378

Citation

[2021] NZHC 3378
Court

High Court

The Court ordered interim enforcement measures to effect the Family Court's sale order: directing the High Court Registrar to sign all further sale documents on the defendant's behalf, authorising plaintiffs' solicitors to act for both parties in conveyancing, requiring defendant cooperation with AML formalities, directing apportionment of conveyancing costs against the defendant's share, and directing net sale proceeds be held in plaintiffs' solicitors' trust account until agreement or further order; any challenge to the Family Court order must be filed before the next call or the Court will…
16 Jul 2021

LUNG v LIU [2021] NZHC 1810

Citation

[2021] NZHC 1810
Court

High Court

Leave to commence by originating application was refused because the matter was not sufficiently straightforward on the papers: there was sparse documentary evidence of the alleged agreement, a real prospect of factual dispute and cross-claims, and probable need for oral evidence and cross-examination, making the originating application procedure inappropriate and unfair to the absent respondent.
24 Jun 2021

SHARMA v WATI [2021] NZHC 1522

Citation

[2021] NZHC 1522
Court

High Court

The court concluded that the respondent was entitled to costs on a 2B basis for both the present application and an earlier related application; the claimed items were appropriate and the disbursements fell within r 14.12, therefore the appellant must pay the sum of $11,174.50.
15 Jun 2021

MONAGHAN v MINERAL PARK LIMITED [2021] NZHC 1407

Citation

[2021] NZHC 1407
Court

High Court

Summary judgment for unpaid rent was not irregularly obtained but, balancing the parties' interests and the real risk the plaintiffs' counterclaim would be frustrated by enforcement and potential bankruptcy, the Court granted a conditional stay of enforcement of the rental aspect of Muir J's 19 September 2019 judgment and ordered security for costs of $15,000 to be paid within 20 working days; enforcement stays and counterclaim stay will lapse if security not paid; plaintiffs must diligently prosecute the counterclaim.
28 May 2021

THOMAS v CROSS [2021] NZHC 1225

Citation

[2021] NZHC 1225
Court

High Court

On consent the court stayed all further proceedings except for the purpose of carrying the terms of the Deed of Settlement dated 16 May 2021 into effect and specifically excluded cl 13 and the disclaimers in cll 12 and 20 from the stay, permitting the settlement deed to remain a separate identified confidential document rather than a public schedule of the order.
26 Mar 2021

SHARMA v WATI [2021] NZHC 625

Citation

[2021] NZHC 625
Court

High Court

The Court ordered immediate implementation of the sale to give effect to Allan J's judgment and Downs J's charging orders; it appointed the proposed neutral solicitor despite the respondent's objections because the role is to execute a court-prescribed process; it accepted independent valuation evidence and agent advice to fix an asking price of $1,200,000 and a minimum selling price of $1,050,000; costs of valuation and marketing are to be met proportionally by ownership (50/50); and an outstanding appeal without a stay does not impede execution of these orders.