New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Trespass act notice

Legal area

Court

15 Jun 2018

THE OFFICIAL ASSIGNEE v MATHIESEN & MCNAB [2018] NZHC 1441

Citation

[2018] NZHC 1441
Court

High Court

Because possession of the property had been secured and the conditions necessary to allow the court‑ordered sale to proceed were in place, continued incarceration of Mr McNab for contempt was no longer necessary; he was ordered released but warned that breach of the exclusion and interference with the sale would attract further imprisonment; habeas corpus could not be pursued orally and required formal filing.
27 May 2014

HERBERT & ORS as trustees of the HERBERT FAMILY TRUST v SCOTT [2014] NZHC 1137

Citation

[2014] NZHC 1137
Court

High Court

As registered proprietors who purchased from the mortgagee, the plaintiffs hold indefeasible title protected by the Land Transfer Act and are entitled to possession; the defendant has not established a residential tenancy or any arguable proprietary defence (eg lien) or valid challenge to the mortgagee sale that would defeat the purchasers' title, so summary judgment for possession is appropriate.