New Zealand Case Law: Decisions & Judgments

Topic

Pre-emption

Legal area

Court

8 Apr 2013

MACLAB (NZ) LIMITED V BROWN HC NEL CIV-2013-442-000135

Citation

openlaw-42b5d170_b457_46d0_9394_334ab7b58dbc.pdf
Court

High Court

The court held the phrase "at valuation" is sufficiently certain and may be given effect by reference to the market offer of $1,000,000 from Two Tides; MacLab retained an arguable right of first refusal which had not been extinguished and a reasonable implied time to exercise the right runs to 12 noon on 19 April 2013; accordingly an interim injunction restraining Brown from selling MFL 116 to third parties was granted until that time to allow MacLab to decide whether to match the market offer.
28 Aug 2003

ALISTAIR STUART MCLACHLAN AND AVA MARIE MCLACHLAN AS TRUSTEES OF THE WAITURUTURU TRUST And Anor V MERCURY GEOTHERM LTD (IN RECEIVERSHIP) And Ors CA CA142/02

Citation

openlaw-607299da_5fcd_41f9_a80f_1e17d2fd25de.pdf
Court

Court of Appeal

The Court held the trustees' right of first refusal under the lease was not triggered by the receivers' pre-sale conduct as there was no overt manifestation of a wish to sell the leased land on definite terms (Motor Works test), the receivers did not breach implied duties of good faith by structuring a sale of the power station site to preserve clause 10.1 commercial value, certain easements could be registered but must be limited to reasonable power-station purposes, proposed encumbrances purporting to bind third parties were invalid because they derogated from the lease and impaired quiet e…

New Zealand Case Law

MACLAB (NZ) LIMITED V BROWN HC NEL CIV-2013-442-000135

ALISTAIR STUART MCLACHLAN AND AVA MARIE MCLACHLAN AS TRUSTEES OF THE WAITURUTURU TRUST And Anor V MERCURY GEOTHERM LTD (IN RECEIVERSHIP) And Ors CA CA142/02