New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

In personam jurisdiction

  • 30 Jun 2014

    BURT v YIANNAKIS [2014] NZHC 1488

    Citation
    [2014] NZHC 1488
    Court
    High Court

    The strike-out application was dismissed because the Property (Relationships) Act does not displace rights in foreign immovables absent written agreement and New Zealand courts can, in personam, adjudicate personal equitable obligations arising from trusts, contract, fraud or unconscionable conduct; the legal issues are not settled and significant factual disputes exist, so it would be inappropriate to strike out the claims pre-trial.

    • Constructive trust
    • Resulting trust
    • Property (relationships) act 1976 s4
    • In personam jurisdiction
    • Strike-out application

  • 15 May 2009

    CASHMERE CAPITAL LIMITED V CROSSDALE PROPERTIES LIMITED AND ORS CA CA730/2008

    Citation
    openlaw-897a80e7_1ff2_45c7_9505_ea969c271619.pdf
    Court
    Court of Appeal

    The Court held Cashmere had not given the positive consent required to bind it to the respondents' occupancy agreements and thus the in personam exception did not apply; however the Retirement Villages Act 2003, as applied by the Order in Council under s103 and the consequent memorial under s21, operates to protect residents and restrict a mortgagee's rights under s22 where the mortgage was taken after the statutory cutoff, so the appeal was dismissed.

    • Mortgagee rights
    • Consent to leases
    • Torrens indefeasibility
    • In personam jurisdiction
    • Retirement villages act 2003 s22
    • Order in council s103

  • 23 Oct 2008

    REGAL CASTINGS LTD V G M AND G N LIGHTBODY AND ORS SC 72/2007

    Citation
    REGAL CASTINGS LTD V G M AND G N LIGHTBODY AND ORS SC 72/2007
    Court
    Supreme Court

    The Court held the transfer of the family home was an alienation with intent to defraud under s 60 Property Law Act 1952 (intent properly inferred from insolvency/near insolvency, transfer at under-value, secrecy, retention of benefit and gifting programme); the trustees were not protected by s 60(3) because they were tainted by the settlor's knowledge; s 60 can operate to provide relief in respect of Land Transfer land and, where appropriate, the Court will grant in personam remedies (including orders to transfer a share and remedial constructive trust) to give effect to s 60, accordingly th…

    • Voidable dispositions
    • Intent to defraud creditors
    • Indefeasibility of title
    • Constructive trust
    • In personam jurisdiction