New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Discharge of charge

Legal area

Court

2 Aug 2018

CASHFLOW DEBTOR FINANCE PTY LTD v PARKER – SUPPLEMENTARY [2018] NZHC 1969

Citation

[2018] NZHC 1969
Court

High Court

Having been informed that 18 Wastney Terrace is not owned by the respondent but by another person of the same name, and given the respondent's non-participation and undertaking to investigate, the Court discharged the charging order as it did not properly apply to the respondent.
14 Mar 2018

GILLETTE v GREEN [2018] NZHC 431

Citation

[2018] NZHC 431
Court

High Court

Because the parties disputed the quantum of costs necessary to discharge the charge and settlement could not complete with the charge on title, the Court ordered the sum secured by the charging order ($5,233) paid into Court and set procedures for resolving the costs dispute on the papers; the discharge may only be registered contemporaneously with cleared payment and appropriate undertakings.