New Zealand Case Law: Decisions & Judgments

Topic

Vendor financing

Legal area

Court

7 Jul 2023

RADICS v RADICS [2023] NZHC 1759

Citation

[2023] NZHC 1759
Court

High Court

Given defendant's fundamental breach and impracticability of personal communication, the plaintiff validly cancelled the loan; the Court under s 43 granted relief by ordering the defendant to repay the loan in full and permitted the plaintiff to set off that judgment debt against the repurchase purchase price, and ordered specific performance of the repurchase agreement with the Registrar appointed to complete settlement if necessary.
10 Feb 2021

CHEN v AUCKLAND WEIHAO INVESTMENT LIMITED [2021] NZHC 156

Citation

(2021) 21 NZCPR 826
Court

High Court

The caveat was removed because the caveator failed to establish a reasonably arguable beneficial interest in the land: the SPA was properly at an end or terminable and there was no arguable equitable lien or constructive trust arising from AWIL's conduct; Ms Chen's claims were speculative and unsupported by evidence and therefore could not sustain a caveat under s 138 of the Land Transfer Act 2017; the associate judge lacked jurisdiction to grant a blanket order barring future caveats but directed the matter be listed before a justice to consider that relief and directed AWIL to file submissi…
15 Aug 2007

GLENHARROW HOLDINGS LIMITED V THE COMMISSIONER OF INLAND REVENUE CA CA192/05

Citation

openlaw-3252eecb_f7dd_43f0_a01c_fb083633db51.pdf
Court

Court of Appeal

Although the sale and vendor finance were genuine on their face, objectively the vendor finance meant Glenharrow did not suffer the economic burden Parliament intended for entitlement to an input tax credit; the arrangement therefore defeated the intent and application of the GSTA under s76 and must be counteracted by adjusting the tax advantage to reflect the sum actually economically borne (deposit plus subsequent repayments), giving the mining licence an effective value of $290,000 for GST adjustment purposes.

New Zealand Case Law

RADICS v RADICS [2023] NZHC 1759

CHEN v AUCKLAND WEIHAO INVESTMENT LIMITED [2021] NZHC 156

GLENHARROW HOLDINGS LIMITED V THE COMMISSIONER OF INLAND REVENUE CA CA192/05