New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Subdivision and easements

Legal area

Court

10 Mar 2020

CARTWRIGHT & ANOR v JOSEPH & ORS [2020] NZHC 455

Citation

[2020] NZHC 455
Court

High Court

The court refused to make the alternative orders sought by the plaintiffs and upheld the prior orders requiring the executors to effect subdivision and sale, including that plaintiffs pay 20% of subdivision and sale costs; the additional delays and costs inherent in resolving access and consents do not justify varying the original orders and the costs order remains enforceable.
10 Nov 2005

SUDA GROUP V WONG AND WONG HC AK CIV-2004-404-3904

Citation

openlaw-6eb56d10_cc0c_4340_9f52_454dc3c880af.pdf
Court

High Court

The defendants' purported cancellation on 24 March 2004 was an unreasonable repudiation and therefore ineffective; no binding settlement making 27 October 2004 time of the essence was reached by the without prejudice correspondence; equitable factors (including plaintiff's expenditure on subdivision and defendants' conduct) justify granting specific performance; accordingly specific performance was ordered and the defendants must comply with the contract.