27 Nov 2018
JOHNSTON v COOPER [2018] NZHC 3087
- Citation
- (2018) 20 NZCPR 93
- Court
- High Court
The 2013 letter lacked the necessary certainty as to duration and was unsigned, so it did not create an enforceable life interest; alleged acts of part performance and estoppel were insufficient to cure those defects; accordingly the defendants have no tenable defence to the plaintiff's claim for possession and summary judgment for vacant possession is granted.
- Possession by registered proprietor
- Implied licence
- Life interest / lease for life
- Part performance
- Equitable estoppel
- Summary judgment