New Zealand Case Law: Decisions & Judgments

Topic

Section 140 property law act 1952

Legal area

Court

5 Aug 2009

LEWTYN MICHAEL SCOTT V ROSEMARY ANN SCOTT AND LEE MCNEILLY AND ANOR HC TAU CIV 2004-470-0094

Citation

openlaw-e11d5e4c_1f86_45c7_9a11_58e1b2dda4ee.pdf
Court

High Court

Rosemary's application for sale of Tombstone is to be determined under s140 Property Law Act 1952 as preserved by Interpretation Act s18 because she had an existing right in proceedings commenced before 1 January 2008; plaintiff lacks standing to invoke s339 Property Law Act 2007 because he is not a legal co-owner but a constructive/beneficial owner; plaintiff's misconduct and conflict justify removal as executor and trustee under Trustee Act s51; plaintiff's caveats are discharged under Land Transfer Act s143; buy-out applications and stay are dismissed; sale of Tombstone ordered and Trust F…
5 Feb 2008

J A KING V D A TANA HC WHA CIV 2007-488-000734

Citation

openlaw-b04b09b1_a16b_496f_aa85_93c68d3ec024.pdf
Court

High Court

Plaintiff entitled to at least one-half; s140(1) therefore mandates sale absent good reason to the contrary; s140(3) cannot be used to compel the defendant to purchase because no application by plaintiff under that subsection and s140(3) is limited to a party requesting sale who offers to sell own share; defendant had not timely pursued determination of his claim; court in exercise of residual discretion under r136 grants summary judgment ordering sale with proceeds allocated 50% to plaintiff, 20% to defendant and 30% held in trust for three months to enable defendant to litigate his claim.
21 Dec 2007

WHITEMAN & ANOR V WHITE & ORS HC AK CIV 2006-404-003456

Citation

openlaw-c0a3a64e_8874_436d_8538_1fa5ae42feda.pdf
Court

High Court

The Court corrected the sealed order to add the words 'Plus GST' after 'Purchase Price' and awarded plaintiffs costs limited to $4,800 for commencement; travel and accommodation disbursements were disallowed; agency fee reserved to the Registrar for assessment; remaining disbursements totalling $2,693.96 approved; disbursements to be fixed by the Registrar in accordance with the rulings.
24 Apr 2007

TRYPHENA PROPERTIES LIMITED AND ANOR V EILEEN ALISON HARNETT HC AK CIV2006-404-7584

Citation

openlaw-2f8144e1_d12a_4aa9_866a_40243c66151d.pdf
Court

High Court

Because the plaintiffs held registered moieties and adduced unchallenged evidence, and no defence or good reason to refuse relief was shown, the Court granted summary judgment: ordered compulsory partition of 46A Blackwell Drive under the Partition Act 1539 and ordered sale of 46 Blackwell Drive under s140 Property Law Act 1952 where subdivision was impractical and sale would not cause injustice.

New Zealand Case Law

LEWTYN MICHAEL SCOTT V ROSEMARY ANN SCOTT AND LEE MCNEILLY AND ANOR HC TAU CIV 2004-470-0094

J A KING V D A TANA HC WHA CIV 2007-488-000734

WHITEMAN & ANOR V WHITE & ORS HC AK CIV 2006-404-003456

TRYPHENA PROPERTIES LIMITED AND ANOR V EILEEN ALISON HARNETT HC AK CIV2006-404-7584