New Zealand Case Law: Decisions & Judgments

Topic

Encumbrances

Legal area

Court

10 Mar 2010

BEECH COVE PROPERTIES LIMITED V REPS LIMITED HC INV CIV-2009-425-000382

Citation

openlaw-4b83821f_26c1_4c3b_b7f4_69bbd577f2cd.pdf
Court

High Court

Clause 15.14, read in the context of accepted New Zealand conveyancing practice, Land Online e-dealing protocols and the prior provision of the encumbrance instruments and an earlier accurate s36 certificate, obligated the purchaser to accept the encumbrances without prior registration and to cooperate with the adopted registration method; the failure to provide a fresh s36 certificate did not prevent vendor being ready to settle; accordingly Reps' cancellation was invalid and specific performance was ordered.
28 Aug 2003

ALISTAIR STUART MCLACHLAN AND AVA MARIE MCLACHLAN AS TRUSTEES OF THE WAITURUTURU TRUST And Anor V MERCURY GEOTHERM LTD (IN RECEIVERSHIP) And Ors CA CA142/02

Citation

openlaw-607299da_5fcd_41f9_a80f_1e17d2fd25de.pdf
Court

Court of Appeal

The Court held the trustees' right of first refusal under the lease was not triggered by the receivers' pre-sale conduct as there was no overt manifestation of a wish to sell the leased land on definite terms (Motor Works test), the receivers did not breach implied duties of good faith by structuring a sale of the power station site to preserve clause 10.1 commercial value, certain easements could be registered but must be limited to reasonable power-station purposes, proposed encumbrances purporting to bind third parties were invalid because they derogated from the lease and impaired quiet e…

New Zealand Case Law

BEECH COVE PROPERTIES LIMITED V REPS LIMITED HC INV CIV-2009-425-000382

ALISTAIR STUART MCLACHLAN AND AVA MARIE MCLACHLAN AS TRUSTEES OF THE WAITURUTURU TRUST And Anor V MERCURY GEOTHERM LTD (IN RECEIVERSHIP) And Ors CA CA142/02