25 Oct 2019
The court held the matter was category 2 (average complexity), awarded costs to the respondent on a 2B basis, allowed 0.25 days for appearance, disallowed the unexplained service fee, allowed the cost of sealing the order, and fixed total costs at $9,440.50 plus disbursements of $165.00.
3 Aug 2015
The caveat was without statutory foundation because the interest asserted derived solely from a registered land covenant (not an unregistered instrument) and therefore was not registrable under s 137(1)(a); JDVC's proceeding was without merit and arguably pursued for an ulterior purpose, meeting the threshold for indemnity costs under r 14.6(4)(a); indemnity costs were awarded and quantified by the Court.
26 Jun 2015
The Timber Cutting Rights Deed creates an immediate binding profit à prendre capable of supporting a caveat despite the need for resource consents because the parties intended to be bound and the registered proprietor is committed to the arrangement; the caveat sufficiently identified the instrument and land for present purposes; the Court declined to exercise its residual discretion to remove the caveat because there was a realistic prospect of practical benefit to the caveator. The caveat is therefore sustained on an interim basis subject to conditions concerning the subdivided lot sold to…
12 Jun 2015
Applying High Court Rules r 14.2(a) the respondents were the failing party in relation to the s 145A application; no countervailing reason to depart from the rule was shown; accordingly respondents were ordered to pay costs on a 2B basis with an allowance for preparation of written submissions, resulting in a costs and disbursements award totalling $9,246.50 (2B costs $8,656.50 and disbursements $590).
23 Oct 2013
The caveat failed because it did not describe the claimed purchaser's lien with sufficient certainty as required by s 137; however it was arguable that a purchaser's lien arose on termination of the option agreement and that clause 9.4 could be narrowly construed so as not to extinguish a lien created on termination, therefore leave was granted under s 148 to lodge a properly drafted second caveat while the current statutory caveat was ordered to lapse at the specified time.
1 Mar 2013
The applicant failed to establish a reasonably arguable case that she has an equitable interest in the trust‑owned property because the evidence did not show she made monetary or other contributions causally linked to the acquisition or servicing of the property or that any contributions exceeded benefits received; therefore the caveat could not be sustained under s145A and the originating application was dismissed.
28 Aug 2008
Because the applicant effectively elected not to proceed and the merits were not clear and obvious, the discontinuance analogy under r 476C applied; accordingly the applicant was ordered to pay the costs of the proceeding on a 2B basis with disbursements fixed by the Registrar.