New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Termination of sale and purchase agreement
  • 26 May 2011

    KOOKMIN BANK V BOURKE & ANOR HC AK CIV-2011-470-146

    Citation
    openlaw-fd360b16_533b_4526_9f00_e268dd3708b5.pdf
    Court
    High Court

    The bank succeeded in both proceedings; Bourke pursued meritless arguments and failed to accept the bank's legal position so was ordered to pay increased costs in CIV-2011-470-146 (Category 2 Band B uplifted 200%); Chariot Wheel's case was hopeless and the second caveat was a cynical misuse of the caveat procedure, so both Bourke and Chariot Wheel were ordered to pay the bank's costs on a solicitor-client basis for CIV-2011-404-2186; bank entitled to disbursements.

    • Caveat removal
    • Indemnity costs
    • Increased costs
    • Solicitor-client costs
    • Unregistered mortgage
    • Termination of sale and purchase agreement