20 Feb 2023
Summary judgment was granted because the applicant established entitlement to judgment and remedied the evidential defect regarding service by filing an affidavit from the service agent proving compliance with s 119 of the Property Law Act 2004; respondents did not oppose or appear.
25 Aug 2022
Defendant's counterclaims lacked any real prospect of success: the 2016 loan was for investment so CCCFA Part 1A did not apply and loan-to-value was covered; BNZ validly served the s 119 notice on the defendant's nominated agent in compliance with the Property Law Act; BNZ took reasonable care under s 176 by engaging reputable agents and a valuer, conducting a proper marketing/tender process, and achieving a sale price reconcilable with valuation; therefore summary judgment entered for BNZ for $493,729.73 with default interest and costs reserved.
1 Apr 2015
The injunction was refused because the applicant failed to demonstrate a seriously arguable enforceable long-term lease or sufficient certainty of terms to satisfy part performance; at best the arrangement was a periodic short-term tenancy terminable on 20 working days' notice, and on balance of convenience (including inability of applicant to provide credible undertaking as to damages and respondents' ability to meet damages) the interim relief was not justified.
11 May 2012
The application for interim relief was dismissed because the plaintiff could not establish a serious question to be tried on the contractual points (the Council's notice was in substantial compliance and the Council agreed to extend notice), damages were an adequate remedy for any breach, and judicial review could not displace the contractual framework since the Council's termination under clause 15.1 was not unlawful or procedurally flawed and did not attract a separate duty to provide a pre-termination hearing.
15 Oct 2010
Stay of enforcement of the District Court decision dated 7 October 2010 was granted because there were arguable points of law on the appeal and prejudice to applicants could be mitigated by conditioning the stay on immediate payment of outstanding arrears and ongoing payment of rent.
10 Sept 2010
Both parties were at fault — the liquidators erred in directing the first notice to the applicant and the applicant erred by pursuing a court application based on an outdated statute causing unnecessary expense — therefore each party must bear their own costs; no order for costs was made.
22 Apr 2008
The appeal is struck out because the appellant failed to prosecute it with due diligence despite repeated directions, opportunities and communications from the Court and Registry, and the Court may exercise its power under s161(3)(b) to strike out on that ground even though formal proof of personal service of the application was not produced where the Registry made reasonable efforts to notify the appellant.
14 Mar 2008
Special leave to appeal out of time was granted because the notice of appeal had been filed within the prescribed period and the only failure was late service caused by solicitor oversight; respondents consented and no prejudice was identified, so the Court exercised its discretion under r29(4) to grant leave.
16 Nov 2007
The heritage criterion 'frontage height and design' refers to the height and design of a building's frontage not the building's overall height or bulk; height and bulk remain governed by Part 6 development controls, and the Council lawfully concluded there were no special circumstances and that the effects of the consented aspects were minor so notification or service was not required; the grant of resource consent was therefore lawful.
22 May 1997
Because the hearing notice was sent to the appellant's correct address and the appellant failed to appear by the appointed time, the court struck out the appeal for want of prosecution.