New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Privity of estate

Legal area

Court

20 Feb 2020

AAL Holdings Ltd v Dai [2020] NZHC 211

Citation

[2020] NZHC 211
Court

High Court

There was a live dispute suitable for declaratory relief; clauses 33-35 when properly construed created an agreement to lease the Relevant Area and imposed obligations by reference to the parties as identified (not limited to their capacity as lessees of individual flats), the covenants touch and concern the land and therefore run with the reversion so AAL (holder of the relevant freehold share) can enforce those covenants against the co-owners under s 231(1)(b) PLA; accordingly AAL's summary judgment succeeds and Justitiae's summary judgment/strike-out fails.
13 Mar 2019

SHELF COMPANY NO.5 LTD v FREMA PROPERTIES LTD [2019] NZHC 423

Citation

[2019] NZHC 423
Court

High Court

The appeal was dismissed because on the limited record the Court could not be satisfied Frema's claim was untenable; factual uncertainty (absence of the lease and sale documents) left open the possibilities that a contrary intention under s 233(2) applied or that the lease had been cancelled before sale which would render s 233 inapplicable, so the claim could not be struck out as having no reasonably arguable cause of action.