New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Sale order to enforce judgment

Legal area

Court

30 Nov 2020

LANGE v LANGE [2020] NZHC 3151

Citation

[2020] NZHC 3151
Court

High Court

Leave to appeal and stay were declined because the judge found no arguable error in the interpretation or application of s 61(2)(c) TTPA, concluded the Western Australian proceeding did not make the New Zealand Kaitaia property the subject matter of that proceeding, enforcement was not contrary to public policy, the applicants delayed unreasonably, and the balance of hardship favoured enforcement of the registered judgment.
30 Sept 2020

LANGE v LANGE [2020] NZHC 2560

Citation

(2020) 25 PRNZ 583
Court

High Court

The Court dismissed the respondents' applications for a stay and to set aside registration: enforcement of the Western Australian judgment is not contrary to New Zealand public policy; s 61(2)(c) does not apply because the Kaitaia property itself was not the subject matter of the Australian proceeding in the sense required by the TTPA (the Western Australian Court treated the matter as a monetary obligation and set aside the deed of forgiveness rather than transferring immovable title); the respondents were out of time to apply to set aside registration and provided no adequate explanation fo…