New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Market valuation

  • 13 Nov 2017

    MURRAY v PEPI [2017] NZHC 2774

    Citation
    [2017] NZHC 2774
    Court
    High Court

    No estoppel arose because there was no agreement that sale be conditional on subdivision, the sale and subdivision were pursued on separate tracks, the respondent concealed aspects of the subdivision initiative, the detriment claimed was limited and not unconscionable in all the circumstances, and the Dickens-Wood offer met the contractual minimum reaffirmed by the 2011 orders; accordingly the court ordered enforcement of the sale and directed the respondent to sign or for the Registrar to sign in default, with costs to the applicant on a 2B basis.

  • 1 Sept 2016

    CARR v GALLAWAY COOK ALLAN [2016] NZHC 2065

    Citation
    [2016] NZHC 2065
    Court
    High Court

    GCA conceded liability; the court assessed quantum primarily by reference to market valuation principles and factual evidence on available water, productive capacity and comparable sales. The Court rejected plaintiffs' primary request to adopt a speculative investor-specific uplift as the principal measure but allowed limited recognition of plaintiffs' particular position where supported by contemporaneous valuation evidence. The Court awarded compensatory damages for loss of BSF and other ASA assets, awarded certain wasted and consequential litigation costs, granted general damages for stres…