New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Sham lease
  • 18 Dec 2023

    IBUY PROPERTY LIMITED v HE [2023] NZHC 3012

    Citation
    [2023] NZHC 3012
    Court
    High Court

    The lease was a sham and a device to enable the registered owner to remain in possession; because the second defendant and the owner acted together dishonestly the second defendant is not entitled to joinder costs, IBuy is entitled to costs against the defendants and a 50% uplift on scale costs for steps after joinder, and the late filing of the costs memorandum is excused by extension of time under r 1.19 given lack of prejudice.