26 Jul 2022
The court found an oral contractual agreement existed and, as a matter of construction, an implied term required the defendant to transfer title to the plaintiff upon the plaintiff discharging or taking assignment of the defendant's mortgage liability; the defendant's refusal to cooperate constituted breach and specific performance was ordered.
31 Oct 2018
Court found on the contemporaneous documents and payments that there was a clear agreement in January 2013 for a boundary adjustment transferring a minimal strip of land for $15,000; however summary judgment dismissed because there is a real factual dispute whether all trustees were bound (ostensible authority/ratification) which must be determined at trial or further hearing.
16 Jul 2018
Where a registered proprietor mistakenly appears in the sale documentation but the registered proprietor received the purchase price and intended to transfer, the proprietor can be treated as holding the property on resulting or constructive trust for the purchaser and the court may vest the land in the purchaser under s 52(1)(b)(iv) of the Trustee Act 1956; applying that principle the land was vested in Orion.
28 Jun 2017
The Court accepted the plaintiffs' account and contemporaneous solicitor correspondence showing the parties agreed the defendant would both transfer the 40ha Block and pay one-half of the Company's debts; because the defendant did not pay his agreed half the factual basis for accord and satisfaction, estoppel and waiver failed and the plaintiffs were entitled to judgment for the admitted debt of $653,495 plus interest.
23 Feb 2017
Given the respondent’s dementia and removal as trustee, the absence of any interest in the trust assets, the consent of beneficiaries and non‑opposition from the appointed property manager, it was necessary and appropriate to vest the respondent's interests in the co‑trustees to enable trustees to deal with the properties; leave to proceed by originating application and dispensing with further service were justified.
29 Sept 2011
On the undisputed material and admissions, monies advanced by the plaintiff were applied to acquire specified properties and shares; equitable tracing establishes the plaintiff's beneficial interest and the Court must declare those properties and shares held on trust for the plaintiff and direct transfers subject to registered encumbrances; no defence negates these equitable remedies.
10 Aug 2011
The court found on the balance of probabilities that the oral agreement in 1967 was made and enforceable by reason of part performance/equitable estoppel (the Bluegums moved and performed in reliance) and, alternatively, that a resulting trust arose in favour of the defendant because he paid the outstanding purchase price and all outgoings; the court declared the defendant beneficial owner of the half share and ordered transfer of title.
11 Aug 2009
On the balance of probabilities the transfer was procured by illegitimate pressure/undue influence from the defendant and therefore the registered legal title is subject to a constructive trust in favour of the plaintiff; the defendant must transfer the legal interest back to the plaintiff and no award for payments claimed by defendant is appropriate as occupation and payments offset each other.
27 Jun 2008
Evidence established the defendant left New Zealand and would not sign transfer; both parties remained bound by the unconditional sale agreement; the Court has jurisdiction under the Declaratory Judgments Act 1908 and s 3 of the Judicature Amendment Act 1910 to grant declarations and to order the Registrar to execute the transfer; accordingly the Court made the order sought.