New Zealand Case Law: Decisions & Judgments

Topic

Rentcharge

Legal area

Court

9 Nov 2015

NEWHAVEN WALDORF MANAGEMENT LIMITED v ALLEN [2015] NZHC 2770

Citation

[2015] NZHC 2770
Court

High Court

The Court held that (1) Jarrah units and owners are part of Newhaven/Newhaven Community under the encumbrance definitions; (2) clause 7(h) authorises the encumbrancee to levy for operating expenses of the Common Facilities and separately to levy for 'managing Newhaven' (management activities arising from clause 3 and clause 4(b)); (3) clause 7(c) permits the encumbrancee to call meetings directly by written notice without routing requests through the committee; (4) the restraint of trade and Unit Titles Act defences fail — the encumbrance provisions are not invalid restraints and do not, as f…
18 Oct 2013

AUCKLAND COUNCIL v MARGARET ELLEN PALLISTER, WENDY JUNE PALLISTER AND JILLIAN MARY MENZIES (AS TRUSTEES OF THE MARGARET E PALLISTER FAMILY TRUST) [2013] NZHC 2717

Citation

[2013] NZHC 2717
Court

High Court

The caveat was to be sustained because the Council has an arguable equitable interest sufficient to support a caveat: the trustees' contract to sell with vacant possession arguably repudiates the Fourth Schedule obligations and entitles the Council to seek specific performance now; the registered encumbrance does not clearly protect the Fourth Schedule covenants so the caveat protects a distinct interest; the encumbrance has not been shown to have been terminated; accordingly the caveat must be maintained to preserve the Council's arguable rights and the Council must commence substantive proc…
23 Oct 2012

NAVILLUSO HOLDINGS LIMITED V DAVIDSON HC NAP CIV-2012-441-000550

Citation

openlaw-511a19cc_8c99_4418_945e_b5a3349e7147.pdf
Court

High Court

The court held Navilluso established a reasonably arguable case that the agreement created an encumbrance capable of registration because the parties intended to be bound, the monetary element required by s101 could be a nominal rentcharge to be specified by the encumbrancer, and the court would give effect to the parties' intention by permitting registration with a nominal sum; accordingly the caveat shall not lapse.
27 Nov 2009

JACKSON MEWS MANAGEMENT LTD V MENERE & ORS CA CA690/2008

Citation

openlaw-9cfb24c7_8d03_41d6_b522_16b07da092f6.pdf
Court

Court of Appeal

Section 97(2) of the Property Law Act 2007 requires that discharge of a mortgage/encumbrance follows payment of all amounts and performance of all other obligations secured by it; where a rentcharge encumbrance secures ongoing services and levies, a nominal payment of the rent does not entitle the encumbrancer to redemption and discharge.
6 Oct 2008

JANICE MARY MENERE, RUPERT OLIVER SMITH AND KELLEE ANN MENERE V JACKSON MEWS MANAGEMENT LIMITED HC WN CIV 2008-485-562

Citation

openlaw-3ceb92ee_66c7_4476_a74a_0594feb9838c.pdf
Court

High Court

The registered memorandum met the statutory definition of a mortgage because it is a charge on land securing a rentcharge under the Land Transfer Act; accordingly the statutory equitable right of redemption in s81 Property Law Act 1952 entitles the plaintiffs to redeem by payment of all money owing, so payment of $9.90 required the defendant to discharge the encumbrance.

New Zealand Case Law

NEWHAVEN WALDORF MANAGEMENT LIMITED v ALLEN [2015] NZHC 2770

AUCKLAND COUNCIL v MARGARET ELLEN PALLISTER, WENDY JUNE PALLISTER AND JILLIAN MARY MENZIES (AS TRUSTEES OF THE MARGARET E PALLISTER FAMILY TRUST) [2013] NZHC 2717

NAVILLUSO HOLDINGS LIMITED V DAVIDSON HC NAP CIV-2012-441-000550

JACKSON MEWS MANAGEMENT LTD V MENERE & ORS CA CA690/2008

JANICE MARY MENERE, RUPERT OLIVER SMITH AND KELLEE ANN MENERE V JACKSON MEWS MANAGEMENT LIMITED HC WN CIV 2008-485-562