19 Dec 2018
The application for leave to appeal was declined because the proposed grounds did not meet the high threshold for leave: they did not raise questions capable of bona fide and serious argument nor involve sufficient public or private importance to outweigh the cost and delay, and the courts below were correct in their conclusions concerning adjournment, trust, and relationship property.
6 Jul 2018
The caveat was removed because the caveator (Paterson) lacked standing in his personal capacity as an undischarged bankrupt (any personal interest vested in the Official Assignee), no evidence supported the alleged 16 November 2016 agreement or any trust, the contractual clauses relied upon did not create a trust or proprietary interest binding the mortgagee and the claimed interest was at best a contractual right contingent on construction of a hut that was never built; the caveat was also overbroad (claimed over whole land) and therefore should be removed; the Court granted restraining orde…
24 Mar 2017
The application for summary judgment and strike out was dismissed because the defendants did not establish that the plaintiff's causes of action could not possibly succeed; material factual disputes remained and prior Family Court and High Court findings did not render the present causes of action conclusively untenable. However, given the long delay, uncertainty as to whether impecuniosity was caused by the alleged loss and the risk of prejudice, security for costs of NZD 20,000 was ordered and the proceeding stayed pending payment. Costs were allocated to reflect the unsuccessful parts of e…
16 Feb 2017
Leave to discontinue was granted; the court exercised its discretion to award costs on the discontinuance by ordering the non-party bankrupt David John Hampton to pay costs on a category 2B basis with registrar-approved disbursements to the Official Assignee, declined to order costs against the plaintiff in favor of the Official Assignee, reserved the Commissioner's costs claim with a timetable for submissions, and lifted the freezing order over the sale proceeds of 67 Augusta Street.
2 Apr 2014
Discovery limited to documents that are relevant to pleaded issues: loan and interest source documents (notably Sovereign/Mortgage Holdings Trust Company Ltd loan agreement and interest records) are discoverable; documents whose sole purpose is to impeach credit are not discoverable; discovery by defendant is to be subject to confidentiality undertakings and restricted disclosure to counsel unless further leave granted; access to the court file is restricted until the substantive hearing.
14 Dec 2012
The application to liquidate failed because the statutory demand was not validly served on the company's registered office and the Council had not pleaded or given adequate notice that it would proceed on alternative grounds (inability to pay or just and equitable), so the Court would not decide those grounds on the material before it; additionally the alleged standing of the shareholder trustee was unsupported by production of the trust deed and the counterclaim did not justify refusing liquidation on the material before the Court.
2 Jun 2011
Application was timely because registry accepted facsimile filing with trust cheque and payment to follow; applicant established a minimally arguable caveatable interest (bare trust) but Court exercised discretion to remove the caveat because delay in lodging, commercial nature of property, accepted arm's length sale at market value and real prejudice to purchaser and mortgagees outweighed claimant's interests and damages or a net proceeds fund would adequately protect the applicant.
23 Jul 2010
Application dismissed because the applicant failed to comply with the mandatory statutory time limits in s145A LTA and procedural requirements (no leave to proceed by originating application and no timely supporting affidavit), the caveat description was vague and did not disclose an arguable caveatable interest, and the applicant had delayed unacceptably; accordingly there was no serious issue to be tried and the caveat could not be maintained.
4 Jul 2008
Summary judgment was dismissed because plaintiffs failed to establish there was no arguable defence or absence of real issues to be tried; material factual disputes existed about intent, authority, and reasons for delay and equity likely required notice making time of the essence before cancellation, therefore matters must be resolved at trial rather than on affidavits.