New Zealand Case Law: Decisions & Judgments

Topic

Valuation disputes

Legal area

Court

25 Aug 2022

JONES v NEW ZEALAND BLOODSTOCK FINANCE & LEASING LTD [2022] NZCA 397

Citation

[2022] NZCA 397
Court

Court of Appeal

The Court upheld the High Court's grant of summary judgment because the advances and lease were commercial contracts (CCCFA initial disclosure did not apply), the appellant failed to establish any tenable defence or interdependent cross-claim: his allegations of fraud and conspiracies were speculative, lacked particularity and admissible evidence, and therefore could not defeat summary judgment; further evidence was admitted in part but did not alter that conclusion; interlocutory refusals to stay or adjourn were not in error; appeal dismissed.
25 Aug 2021

NEW ZEALAND KIWIFRUIT GROWERS INCORPORATED v GISBORNE DISTRICT COUNCIL [2021] NZHC 2198

Citation

[2021] NZHC 2198
Court

High Court

The High Court exercised its discretion to grant a temporary stay because the Land Valuation Tribunal, as a specialist valuation body able to address mixed questions of fact and law, should determine the Bushmere Road objection first (with appeal to the High Court if necessary); judicial review is discretionary and the natural justice complaint is likely curable or made academic by the Tribunal's de novo process, so staying the JR pending Tribunal decision (and possible appeal) is the most efficient and fair procedure.
8 Sept 2016

CARTER v CALDIS [2016] NZCA 424

Citation

[2016] NZCA 424
Court

Court of Appeal

Applications for an extension of time and for leave to bring a second appeal were declined because the delay would prejudice respondents, the chattels second appeal did not meet the threshold for a second appeal, and the other proposed grounds of appeal lacked prospect of success such that allowing further appeal would not be in the interests of justice.
24 Jun 2016

AHURIRI AND ORS v ETHEREDGE [2016] NZHC 1390

Citation

[2016] NZHC 1390
Court

High Court

Costs lie where they fall from commencement to the close of the first hearing on 27 November 2013; from February 2014 the plaintiffs were the successful parties on the outstanding issues and are entitled to scale costs for that period ($19,999.50) uplifted by 20% for the defendant's unreasonable late conduct, resulting in awarded costs of $23,999.40; plaintiffs are entitled to recover specified disbursements (as adjusted), with hearing fees from 2013 to be shared equally.
7 Jun 2016

JONES v AUCKLAND COUNCIL [2016] NZHC 1199

Citation

[2016] NZHC 1199
Court

High Court

Council legitimately retained the land for an authorised public work (urban renewal) after roading ceased; the 2008 letter did not estop the Council nor declare the land surplus; the Council validly offered the land in 2015 at the 2014 valuation in compliance with s40; the applicant did not validly accept the 2015 offer (failed to sign or seek Land Valuation Tribunal determination within the statutory/extended period) so the successor's s40 right expired and the caveat is not sustainable.
14 Sept 2012

DUNDER HOLDINGS LIMITED V DEXTER HOLDINGS LIMITED HC HAM CIV 2011-419-000216

Citation

openlaw-cf74208e_afff_4865_be80_e8fdd6d83a01.pdf
Court

High Court

The Court found no actionable misrepresentation or supporting confidential valuation, no common or unilateral mistake requiring relief, and that Dunder implicitly repudiated the heads of agreement by refusing to settle at the agreed price; Dexter validly cancelled the entire indivisible heads of agreement and Dunder was not entitled to relief under s9, so the plaintiff's claim is dismissed.
21 Sept 2011

WESTPAC NEW ZEALAND LIMITED V BALBEER SINGH GOLIAN HC AK CIV 2010-404-007556

Citation

openlaw-b6b97399_87d8_497c_967e_22b806a90a01.pdf
Court

High Court

Westpac established it took reasonable care in the mortgagee sale processes (valuations, agent appraisals, advertising, auctions/tenders and negotiations); defendants failed to provide sufficient credible evidential foundation that Westpac breached statutory or equitable duties or acted in bad faith; auction/tender outcomes, properly marketed, prevail over valuation differences; accordingly there was no real defence and summary judgment was granted for the outstanding debt.
21 Dec 2009

SAYERS V BURTON HC AK CIV-2007-404-003051

Citation

openlaw-300476e8_b842_413e_b4f3_6f81afabf0a2.pdf
Court

High Court

Court found defendant's only operative disadvantage was ignorance of the property's true market value but plaintiffs did not have actual or constructive knowledge of that fact; no evidence plaintiffs took unconscientious advantage; therefore no unconscionable bargain and specific performance ordered in favour of plaintiffs.
7 Sept 2009

PUBLIC TRUST V LUM HC AK CIV-2009-404-2788

Citation

openlaw-46d8b451_7a56_4bcf_8287_9a5b0be37f75.pdf
Court

High Court

Defendant has no reasonably arguable defence: no actionable loss existed because no sale had been completed; plaintiff complied with its duties under s176 (obtained valuations, engaged competent agents, provided adequate publicity) and defendant failed to plead or adduce evidence that plaintiff was mortgagee in possession; the guarantee is supported and/or authenticated by the deed and acknowledgment of consideration; summary judgment for plaintiff is warranted, subject to entry of judgment on amounts to be specified by plaintiff.
15 Sept 2008

SCOTT V SCOTT AND ANOR HC TAU CIV 2004-470-0094

Citation

openlaw-1afa736a_cfdd_45f6_a331_5767fbba8403.pdf
Court

High Court

No binding sale agreement or equitable estoppel arose for Rosemary's sale at $565,000; the July 2000 transaction by which Lewtyn purchased the estate half‑share was procured in circumstances giving rise to breaches of trust and fiduciary duties (conflicts, lack of independent advice, disadvantageous terms to residuary beneficiaries) and must be rescinded; Lewtyn holds the estate half‑share as constructive trustee and must account; the trustees of the Arthur Scott Family Trust breached duties in transferring assets and must remedy by appointment of an independent trustee, accounting and sale o…