New Zealand Case Law: Decisions & Judgments

Topic

Proprietary estoppel

Legal area

Court

26 May 2023

THORNLEY v FORD [2023] NZHC 1257

Citation

[2023] NZHC 1257
Court

High Court

Plaintiffs' substantive claims were dismissed; therefore plaintiffs must pay the first defendants' costs on a 2B scale subject to specific disallowances and a 20% reduction because the late transfer of the land to PPL (intended to thwart plaintiffs and extract trustees from litigation) materially and unnecessarily increased plaintiffs' costs; the defendants' letter proposing a new easement was not a formal settlement offer under r 14.6(3)(b)(v) and did not justify increased costs; no orders were made for interlocutory injunction costs because the file showed consent orders and costs were rese…
16 May 2023

HAGAMAN v HAGAMAN [2023] NZHC 1168

Citation

[2023] NZHC 1168
Court

High Court

Leave to file the fourth amended statement of claim was granted but conditioned to prevent prejudice: plaintiffs must provide specified further discovery (narrowly tailored categories), may not file any further evidence in chief, and defendants may file an amended defence limited to matters arising from the new cause of action; documents specifically referred to in a party's brief and within its control that are relevant must be discovered under r 8.18; the late Earl's affidavit did not waive privilege because it did not disclose a significant part of legal advice and the defendants had not p…
17 Apr 2023

PASCOE v NGĀTI TAMA CUSTODIAN TRUSTEE LIMITED [2023] NZHC 805

Citation

[2023] NZHC 805
Court

High Court

The application for an interim injunction was dismissed because the applicants failed the urgency requirement under r 7.53(2), and, substantively, there was no serious question to be tried: the 1985 licence had expired, no conservation concession was obtained so no enforceable grazing interest existed at vesting, any informal permission was terminable and was validly terminated by notice, and the deed and settlement legislation did not create enforceable grazing rights in the Pascoes; accordingly the balance of convenience and overall justice favoured respondents.
5 Apr 2023

BASSETT v JONES [2023] NZHC 768

Citation

[2023] NZHC 768
Court

High Court

There is an arguable proprietary estoppel claim (serious question to be tried); on balance of convenience and overall justice the sale of the home should be postponed, but only subject to strict conditions ensuring prompt pursuit or resolution of the claimant's substantive claims and payment of outgoings; administrators’ indemnity will not be confirmed at this stage; administrators’ costs are to be met from the estate.
22 Nov 2022

ALI v WEST VILLAGE CAPITAL PARTNERS LTD [2022] NZHC 3045

Citation

[2022] NZHC 3045
Court

High Court

The plaintiff's pleaded in personam causes against the fourth defendants were not reasonably arguable because the subscription and sale agreements expressly contemplated financing and that any purchaser interest would be subject to lender security; West Village did not breach a constructive trust by granting mortgage security and therefore the fourth defendants were not accessories to any breach and acted without unconscionability in obtaining and seeking to exercise the mortgage; the limited recourse clause did not exclude the units from the mortgage; accordingly paragraphs 89–90 struck out,…
28 Oct 2021

WOLFE v WOLFE [2021] NZHC 2878

Citation

[2021] NZHC 2878
Court

High Court

The Court found the alleged promise by Michael was not proven with sufficient clarity and context to found proprietary estoppel or a constructive trust; William's reliance and detriment were insufficiently established and his contributions did not exceed the benefits of exclusive occupation; counterclaim dismissed and plaintiffs granted vacant possession with a four month stay to vacate.
22 Mar 2021

HOLLANDS v SORENSEN [2021] NZHC 575

Citation

[2021] NZHC 575
Court

High Court

Costs were awarded to the defendants on a 2B basis for steps up to and including 1 December 2020 (step 33B) including court filing fee disbursements and subject to apportionment of expert witness attendance fees with leave to file further evidence on that quantum; however the Court was not satisfied that exceptional circumstances under Legal Services Act 2011 s45(2) existed to justify ordering costs against the plaintiff for steps and the hearing after the grant of legal aid on 1 December 2020, and accordingly made no order for post‑grant costs though second counsel was certified.
26 Feb 2021

MCCARTHY v MCMANAMON [2021] NZHC 294

Citation

[2021] NZHC 294
Court

High Court

The HOA constituted a nuptial settlement but its terms were not incorporated as express terms of the formal trust deeds; plaintiff breached his fiduciary and contractual obligations by failing to vest approximately $100,000 of agreed assets into his trust, which disentitled him to specific performance; however the court exercised its broad remedial discretion under s 182 Family Proceedings Act 1980 to remedy the failure of the marriage premise and ordered monetary adjustment: Elizabeth Street Trust to make a further payment of $400,000 to the plaintiff (totaling $542,000 including prior distr…
5 Feb 2021

HOLLANDS v SORENSEN [2021] NZHC 103

Citation

[2021] NZHC 103
Court

High Court

No actionable representation was proved that gave rise to a reasonable expectation of ownership; claimant's contributions were routine/maintenance and not of sufficient significance to establish a constructive trust; benefits and financial assistance provided by trustees/Trust materially outweighed any contributions; tracing of alleged gift into Surrey Street was not established; therefore claims in constructive trust, proprietary estoppel and knowing receipt fail and the defendants succeed.
25 Jan 2021

HAMILTON v KIRWAN [2021] NZHC 19

Citation

[2021] NZHC 19
Court

High Court

Plaintiff succeeded on her proprietary estoppel claim obtaining an order that the Mangawhai property be vested in the three children as tenants in common; costs were awarded to the plaintiff against both defendants for causes 1–5 on a 2B basis with related disbursements (limited to a two-day hearing allocation for certain steps), the plaintiff must pay defendants' costs for causes 6–7 on a 2B basis with related disbursements, Mrs Marlena Hetherington ordered not liable for costs, and the parties' costs are to be set off per r14.17 with quantum to be determined by memoranda if necessary.