26 Apr 2023
Summary judgment refused because there were reasonably arguable defences: the agreement was executed by only one of two registered trustees with the co-trustee unaware for an extended period, and there was no clear evidence of actual authority or subsequent ratification by the non-acting trustee to bind the trust, creating a real issue for trial.
9 Jun 2022
The caveat was dismissed because the claimant's equitable constructive trust claim to the deceased's half share is precluded by the Property (Relationships) Act which governs property between spouses; alternatively, even if not precluded, the claimant failed to establish a reasonable expectation in the deceased's half share and contributions were insufficient to found a constructive trust, so no arguable proprietary interest existed to sustain the caveat.
14 Oct 2021
Leave to commence the s 339 proceeding by originating application under Pt 19 was refused because the dispute raised multiple contested factual and legal issues, potential cross-claims and contractual/arbitration questions, and therefore required formal pleadings, discovery, interlocutory steps and possibly oral evidence; permitting Pt 19 would not be in the interests of justice.
30 Jun 2021
The property sharing agreement expressly provided that where the co-owner did not exercise an option to buy the other's share the applicant's remedy was to place his share on the open market and that sale of the entire property required both parties' agreement; having regard to s 342 the Court refused to force a sale inconsistent with that clear contractual allocation of rights and obligations and dismissed the s 339 application.
13 Jul 2018
The arrangement was a sale of an undivided share in the fee simple of the whole allotment coupled with encumbrances and personal exclusive-use covenants; because s 218(1)(a)(ii) requires a disposition 'of the fee simple to part of the allotment' and the encumbrances and covenants did not create or transfer an estate in land or destroy the tenancy in common, the arrangement did not constitute a 'subdivision of land' under s 218 RMA.
1 May 2018
The Family Court erred in finding no jurisdiction; the PRA must be read purposively to permit a surviving spouse to seek declarations/orders under ss25(1) and 25(3) to classify and vest relationship property even where legal title passed by survivorship, because LTA s61 is a rebuttable statutory fiction and equity can establish beneficial tenancy in common post-death; time limits do not bar the present classification step because classification may change estate size and trigger administration, so the PRA claim is not out of time.
23 Aug 2016
The Court held that a literal construction producing a c.70% rent reduction was absurd and unfair; fair occupation rent requires adjusting the assessed market rent by allowing a credit for the value of chattels provided by the tenant (court-assessed used value $9,000), and awarding occupation rent to the estate in the sum ultimately calculated ($29,613.31).
5 Nov 2015
The Court found that the applicant had suffered loss due to the Official Assignee's disclaimer and that, applying s 119 of the Insolvency Act 2006, it was fair to vest the Crown's former half share in the applicant; accordingly a vesting order was granted.
30 Jul 2014
The Court held on the facts that the parties manifested a mutual intention to sever the joint tenancy in equity prior to Mr Harvey's death; section 47 voids the relationship property agreement only to the extent necessary to satisfy the creditors' claim (which at the time of the agreement extended only to Mrs Harvey's half share) and does not nullify an antecedent equitable severance as to Mr Harvey's separate half share; accordingly only Mrs Harvey's one half share vested in the Official Assignee and the executor's position was upheld; the appeal was dismissed.
10 Dec 2013
By consent and pursuant to the court's statutory powers under s 339 Property Law Act 2007, an immediate sale was justified to address mortgage obligations and preserve the property value, with sale proceeds to repay the first mortgage and costs and remaining funds held in a solicitor's trust account until parties' entitlements are determined.