New Zealand Case Law: Decisions & Judgments

Topic

Failure to settle

Legal area

Court

21 Sept 2023

MILLS and MILLS v FENG and WANG [2023] NZHC 2641

Citation

[2023] NZHC 2641
Court

High Court

On undisputed facts a reasonable person in the plaintiffs' position would have declined the 15 July 2022 offer because it exposed them to a substantial risk the defendant could not settle (given his reliance on sale of his own unsellable property and low initial deposit); therefore there is no real question to be tried on mitigation and summary judgment is appropriate; charging order should continue and costs awarded.
2 Jun 2023

BLACKWATER PROPERTIES LIMITED v CRAWFORD GROUP LIMITED [2023] NZHC 1390 [2 June 2023]

Citation

[2023] NZHC 1390
Court

High Court

Judgment as to liability is entered for the plaintiffs in each proceeding because the defendants admitted liability; the defendants are entitled to contest the quantum of damages in accordance with Eaton J's direction, and an Associate Judge has jurisdiction under s 20(1)(f) Senior Courts Act 2016 to assess damages; the court directed a timetable for exchange of evidence, expert conferral and set hearing and case management dates for assessment of damages.
26 Sept 2014

KAWARAU VILLAGE HOLDINGS LTD v NEO and ORS [2014] NZHC 2402

Citation

[2014] NZHC 2402
Court

High Court

Defendants second, third, fourth and fifth breached their sale and purchase agreements by failing to settle after receipt of settlement notices; plaintiff validly cancelled the contracts and is entitled to damages equal to the purchase price less deposits and the market value at cancellation, plus contractual penalty interest for the period between settlement date and cancellation and statutory interest under s 87 from cancellation to judgment, together with costs.
25 Jul 2012

STOKES FAMILY TRUST V INSIGHT LEGAL TRUSTEE CO LTD HC AK CIV-2011-404-1317

Citation

openlaw-f44f55b2_b27a_471d_bba4_1b7e704ad946.pdf
Court

High Court

On the facts the judge found that Mrs Colebrook intended to act on behalf of the RM Colebrook Family Trust when she entered the August 2007 sale and purchase agreement and, on the history and pattern of the trust's dealings, had inferred actual authority from the trust; therefore she was an undisclosed agent of the trust, the trustees were personally liable for failure to settle, and the trustee has a right of indemnity giving rise to an equitable lien over trust property which the plaintiffs may subrogate to enforce.
5 Nov 2007

ATHENA PROFESSIONAL TRUSTEES LTD V GILCHRIST HC AK CIV 2007-404-004641

Citation

openlaw-1ed20bb9_a909_46ef_9bb6_7a78ccc2aaff.pdf
Court

High Court

The court entered judgment for the plaintiff because the defendant breached the unconditional sale agreement by failing to settle, the plaintiff lawfully cancelled the contract and proved its losses by affidavit; the alternative remedy of forfeiture was unavailable due to no deposit; the defendant's late and unsubstantiated assertions were contradicted by documentary evidence and did not justify delaying or preventing judgment.

New Zealand Case Law

MILLS and MILLS v FENG and WANG [2023] NZHC 2641

BLACKWATER PROPERTIES LIMITED v CRAWFORD GROUP LIMITED [2023] NZHC 1390 [2 June 2023]

KAWARAU VILLAGE HOLDINGS LTD v NEO and ORS [2014] NZHC 2402

STOKES FAMILY TRUST V INSIGHT LEGAL TRUSTEE CO LTD HC AK CIV-2011-404-1317

ATHENA PROFESSIONAL TRUSTEES LTD V GILCHRIST HC AK CIV 2007-404-004641