New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Equitable lease

Legal area

Court

21 Feb 2012

FINANCIAL MARKETS AUTHORITY V HOTCHIN HC AK CIV 2010-404-8082

Citation

openlaw-39956de2_f0e4_4219_b608_c51720518cd1.pdf
Court

High Court

Court held that (1) s60H(1)(f) can encompass assets held by trustees on behalf of discretionary and final beneficiaries for preservation purposes and the associated persons pleading could not be struck out; (2) the pleaded claim that the trust deeds lacked intention to create trusts had no prospect of success as pleaded; (3) the sham pleading against KA4 could stand subject to proper amended particulars, but the sham pleading against KA3 disclosed no reasonable cause of action and was struck out; and (4) an equitable lease can create an interest in land and did not justify replacing the prese…
22 Dec 2009

LG CHILCOTT AND PC CHATFIELD V AS MCLACHLAN AND ORS HC AK CIV 2007-404-2796

Citation

openlaw-8fa9254c_cd20_4f6e_9572_6e85485d8735.pdf
Court

High Court

Clause 5 of the settlement deed is declaratory and did not alter the Lease; the transfer of the McLachlans' shares in MGL pursuant to the deed triggered clause 10.2(b) and terminated the Lease; the Lease was void for uncertainty as to term in respect of Land B and Land C (and the equitable lease for lots 1 and 2 is likewise void), resulting in those interests being at best tenancies determinable on one month's notice; rectification, mistake, estoppel, implied term and relief against forfeiture were not established and fail.