New Zealand Case Law: Decisions & Judgments

Topic

Registration of title

Legal area

Court

17 Jun 2022

BARY v AB CONTRACTING NELSON LIMITED [2022] NZHC 1404

Citation

[2022] NZHC 1404
Court

High Court

It is not patently clear that the caveat cannot be sustained because it is reasonably arguable that the applicant retains a proprietary interest arising from the original partnership arrangements and that AB Contracting cannot be treated as a bona fide purchaser for value without notice given Aron's role; accordingly the caveat must not lapse pending determination of substantive proceedings provided they are filed within the time ordered.
29 Apr 2021

LOGAN AND NG v MINISTER FOR LAND INFORMATION [2021] NZHC 945

Citation

[2021] NZHC 945
Court

High Court

An interim declaration was granted under s15(3)(b) of the Judicial Review Procedure Act 2016 that the Crown ought to consider the Proclamation stayed and not take further consequential action (including Registrar-General steps under s105) because such relief was reasonably necessary to preserve the applicants' position and third-party interests pending a substantive hearing given the imminent vesting and an arguable challenge.
7 Aug 2020

WILLIS v WILLIS [2020] NZHC 1995

Citation

[2020] NZHC 1995
Court

High Court

On the evidence (medical report and affidavit) the court was satisfied the registered trustee lacked capacity; the appointor had validly appointed replacement trustees; s52(1)(b) empowers the court to vest the trust land in the new trustees; accordingly the vesting and ancillary procedural orders were appropriate and granted.
1 Jul 2020

R MITCHELL [2020] NZHC 1525

Citation

[2020] NZHC 1525
Court

High Court

Given that the former trustees were deceased or incapacitated and removed, and equitable ownership was held by the continuing trustees, it was appropriate and expedient for the court to vest the two omitted properties in the current trustees to allow proper administration; costs incidental to the application are to be met from trust funds.
25 Mar 2019

COTTERILL and COTTERILL [2019] NZHC 560

Citation

[2019] NZHC 560
Court

High Court

The Court found on affidavit evidence that Donald lacked full mental capacity and was unable to perform trustee duties; in the interests of justice and to enable registration, the Court permitted commencement by originating application without service and, under s 52 of the Trustee Act 1956, vested the specified properties in the remaining trustees, Colleen Annette Cotterill and Holland Beckett Trustee No 10 Limited, to be held as trustees of the D C & C A Cotterill Family Trust.
29 Nov 2018

GRAY v BAST HOLDINGS LIMITED [2018] NZHC 3116

Citation

[2018] NZHC 3116
Court

High Court

The application was dismissed because the MOU and surrounding circumstances showed the parties intended returns to be delivered by shareholding in the special purpose company (BAST) not by conferring beneficial interests in the land itself; accordingly Mr Gray could not show a reasonably arguable claim to a resulting or constructive trust in the properties and Mahon v The Station at Waitiri establishes that an agreement for shares cannot found a caveatable interest in company land.
10 Jul 2017

MOORE v HARRY [2017] NZHC 1587

Citation

[2017] NZHC 1587
Court

High Court

A purchaser who holds a registered transfer executed by a mortgagee pursuant to a power of sale acquires the fee simple free of prior rights and liabilities of the mortgagor under s105 LTA; therefore the registered proprietor is entitled to possession and the defendant's disputes with the mortgagee or allegations about the purchaser's source of funds do not constitute an arguable defence to summary judgment for possession.
15 Dec 2015

SINGH v FOLEY [2015] NZHC 3226

Citation

[2015] NZHC 3226
Court

High Court

Given the 57 years since registration, the discharge of a related charging order in 1985 indicating the underlying debt was likely satisfied, the impracticality and prejudice of locating the respondent, and the Court's power under s 39 (with s 3 of the Repeal Act preserving jurisdiction), the Court exercised its discretion to discharge lien K68370 without imposing additional terms.
4 Mar 2015

BRUCE ALAN MEAD v EDWARD MARTIN ERIC MULHOLLAND, TEENA MARIE PEARCE AND MARIELLA MULHOLLAND [2015] NZHC 356

Citation

[2015] NZHC 356
Court

High Court

The transfer to the plaintiff was properly registered as a mortgagee sale and, absent any evidence of fraud, registration under the Land Transfer Act vests indefeasible title in the purchaser and entitles him to possession; the defendants' allegations were unsworn, unsupported or irrelevant and did not establish an arguable defence or miscarriage of justice, so the application to set aside was dismissed and costs were awarded against the liable defendants.
13 Aug 2014

SCOWEN v SCOWEN [2014] NZHC 1901

Citation

[2014] NZHC 1901
Court

High Court

Given the solicitor's exercise of power under the trust deed to appoint the plaintiff as sole trustee, the registered proprietor's demonstrated incapacity and existence of an Enduring Power of Attorney, and the need to regularise title for a conditional sale, the Court exercised its power under s52(2) Trustee Act 1956 to vest the specified interests in the plaintiff as substituted trustee, dispensed with service on the incapacitated registered proprietor, and ordered costs of the application to be paid from trust funds.