New Zealand Case Law: Decisions & Judgments

Topic

Registration of transfers

Legal area

Court

13 Mar 2018

CHRISTCHURCH RESIDENTIAL RENTALS LIMITED v STANTON [2018] NZHC 406

Citation

[2018] NZHC 406
Court

High Court

The Court was satisfied the plaintiff was validly exercising its contractual rights to transfer the 13 listed properties and therefore made orders appointing the Registrar to sign transfers and protecting mortgagee interests by requiring consent before compromise of insurance/EQC claims and payment of such proceeds to mortgagees until full repayment, with mortgages discharged on settlement.
22 Jul 2014

GLOVER TRUST LTD and ORS v GLOVER TRUST CORPORATION LTD and ANOR [2014] NZHC 1712

Citation

[2014] NZHC 1712
Court

High Court

CIT was entitled to costs and, while the defendant’s conduct was unreasonable and caused delay, it did not reach the threshold for indemnity costs; the conduct did justify an increased costs award (50% uplift on scale) because Glover No 2 failed to act expeditiously or seek a stay and registered caveats without notice, thereby necessitating additional court involvement.
8 Apr 2009

MORTGAGE HOLDING TRUST COMPANY LIMITED V NGA URI WHAKATIPURUNGA O NGARAE (INC) HC AK CIV 2009-404-001876

Citation

openlaw-7706d5c6_0d9e_48c5_aad1_b3be62fb4415.pdf
Court

High Court

Because the caveat claimed an interest that had no priority over the registered mortgage, it could not prevent the mortgagee from registering a transfer executed in exercise of its power of sale; accordingly under s143 LTA the caveat must lapse and be removed upon registration of that transfer.

New Zealand Case Law

CHRISTCHURCH RESIDENTIAL RENTALS LIMITED v STANTON [2018] NZHC 406

GLOVER TRUST LTD and ORS v GLOVER TRUST CORPORATION LTD and ANOR [2014] NZHC 1712

MORTGAGE HOLDING TRUST COMPANY LIMITED V NGA URI WHAKATIPURUNGA O NGARAE (INC) HC AK CIV 2009-404-001876