1 Mar 2019
The appeal succeeds because the sentencing judge lacked a sufficiently firm evidential foundation on ownership to order confiscation under s129; the proper course is to remit the matter to the District Court for a disputed facts hearing to determine when property passed and whether the offender had ownership or an interest at the material time.
13 Mar 2018
The Court was satisfied the plaintiff was validly exercising its contractual rights to transfer the 13 listed properties and therefore made orders appointing the Registrar to sign transfers and protecting mortgagee interests by requiring consent before compromise of insurance/EQC claims and payment of such proceeds to mortgagees until full repayment, with mortgages discharged on settlement.
9 Oct 2015
The court refused consolidation/joint hearing and applications to adjourn or stay the Company proceeding because although the proceedings all arise from the same relationship property agreement they raise discrete issues (transfer of property versus monetary remedies), the summary judgment application is interlocutory and cannot be consolidated with other proceedings, the Company proceeding was first in time and set down without objection, and adequate protective remedies (stay of execution or appeal) exist; accordingly consolidation and stay were not justified.
7 May 2014
Leave to appeal was refused because the application raised no novel legal question, amounted to an attempt to re‑litigate concurrent findings of fact by the High Court and Court of Appeal that the deed was not a sham, and did not satisfy the s 13 criteria or show a miscarriage of justice.
20 Mar 2013
The Deed of Bare Trust executed on 10 March 2011 is valid and effective; it declared that Glover No.2 Ltd held the second tranche Waimarie Street properties on bare trust for CIT Holdings Ltd, and that bare trust must be given effect notwithstanding other contemporaneous documents and the tax‑avoidance motive; accordingly Glover No.2 Limited must execute registrable transfers of the specified properties to effect the trust.
15 Mar 2013
The deceased did not give informed effective consent to the transfer; the defendant breached his fiduciary duties and holds the property and its proceeds as constructive trustee; s21(1) Limitation Act 1950 applies so the claim is not statute-barred; estoppel and laches/acquiescence do not preclude relief; equitable relief in the form of a constructive trust over the defendants' interest, an accounting of rents and a monetary judgment for the property's value are appropriate.
27 Jan 2012
A release (forgiveness) of debt by deed does not constitute a transfer of property or an interest in property for the purposes of s 207 of the Insolvency Act 2006 because the creditor's chose in action is abrogated, not transferred to the debtor; therefore the Court lacked jurisdiction under s 207 to order retransfer or payment and the application must be dismissed.
26 May 2006
The written agreement of 30 October 2003 made the purchaser 'responsible' for loss or damage from 1 November 2003, thereby shifting risk to the purchaser under s22(1) and establishing a voluntary bailment; the repossession clause merely preserved the vendor's option to uplift specified items and did not convert the purchaser into an involuntary bailee.