2 May 2023
BEYNON v BURKLAKOVA [2023] NZHC 1012
- Citation
- [2023] NZHC 1012
- Court
- High Court
The defendant breached the settlement agreement by failing to transfer the agreed one-sixth unit title; the defendant had agreed post-settlement to transfer the accessway title and took steps to do so but could not complete execution due to an invalidly executed power of attorney and residence in Russia; accordingly the appropriate and necessary remedy is a declaration that the defendant is bound by the agreement and authorization for the Registrar of the High Court to execute the Authority and Instruction to transfer the title to the plaintiff, consistent with precedent.