New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Trespass damages

  • 27 Sept 2023

    ZHENG v XING [2023] NZHC 2692

    Citation
    [2023] NZHC 2692
    Court
    High Court

    The caveator failed to establish any reasonably arguable proprietary interest in the caveated titles: there is no evidence of an assignment that would transfer a proprietary right to Mr Xing; the August 2022 Orders merely sealed a paragraph awarding trespass damages in principle and did not create a present judgment sum payable to him or a trust over the caveated land; any entitlement asserted is at best a personal claim against proceeds, not a caveatable interest. Consequently the caveats must be removed and costs awarded to the applicants.

  • 7 Jun 2023

    LI v GREEN LAND INVESTMENT LTD [2023] NZHC 1399

    Citation
    [2023] NZHC 1399
    Court
    High Court

    The Court affirmed its liability findings and concluded the appropriate remedy is to regularise title and order specific performance of the plaintiffs' agreements against Green Land, require agreed trespass damages from identified plaintiffs, refuse to validate Zhong Xing's proposed contrary transactions, decline a charging order now, and direct procedural steps (single consolidated draft orders for sealing, timelines for responses, and procedures for stakeholder receipt and interlocutory claims to settlement funds).