The High Court decision in Senior Trust Capital Limited v Holmes sheds significant light on the responsibilities of mortgagees, the legal expectations of guarantors, and the broader implications of mortgagee sales in New Zealand. This case examines the application of section 176 of the Property Law Act 2007 (PLA) and provides valuable insights into how […]
Understanding Mortgagee Sales in New Zealand Read More »
Introduction The New Zealand Court of Appeal’s decision in Stewart v Eversons International Limited (In Liq) [2024] NZCA 602 highlights significant legal principles surrounding Settlement Deeds, default notices, and the enforceability of admissions under the High Court Rules 2016. The case provides valuable insights into the obligations of parties under settlement agreements and the conditions
Stewart v Eversons International Limited – Settlement Deeds Read More »
The legal complexities surrounding property caveats often challenge business owners and individuals. The recent decision in Bei v B & Z Trades Company Limited [2024] NZCA 570 by the New Zealand Court of Appeal provides significant insights into the legal standards for sustaining or removing caveats. This case delves into partnerships, constructive trusts, and property
Partnership Disputes and Caveats: Key Takeaways for Business Owners Read More »
Introduction The case Gray v Fox [2024] NZHC 750 involves a legal disagreement over a Sale and Purchase Agreement (SPA) for a piece of land that was supposed to be subdivided. The applicant, Matthew Steven Gray, sought to buy part of a larger property owned by the respondent, Sarah Jane Fox, but things did not
Caveats – A Dispute Over a Property Subdivision and Sale Agreement Read More »
Introduction The case of Kang v Kim [2024] NZHC 2950 is a property dispute involving Seok Young Kang (the applicant) and Donggun Kim and Sujeong Lee (the respondents). Mr. Kang applied for an order to sustain a caveat he lodged over a property at 182 Lake Road, Northcote, Auckland. The property, owned by the respondents,
Can a caveat be lodged based on an oral agreement ? Read More »
Introduction The recent Court of Appeal decision in Liu v Hu [2024] NZCA 205 provides a significant examination of contractual obligations, misrepresentation, and equitable set-off within the context of a property development agreement. The case revolves around the sale and purchase of a property intended for development into six residential units, raising critical questions about
Equitable Set-Off: A Viable Defence Against Summary Judgment? Read More »
Introduction The High Court of New Zealand recently delivered a significant judgment in the case of Jin v Narayan, addressing a dispute over costs related to fencing works under the Fencing Act 1978. This case sheds light on the interpretation and application of notices under the Act, particularly regarding the validity and replacement of such
Fencing dispute & issuing notices Read More »
Introduction The legal case of Waiatarua Trust v Auckland Council revolves around the allegations of negligence by the Auckland Council regarding the issuance of a Code Compliance Certificate (CCC) for a residential property. This article delves into the intricate details of the case, examining the legal arguments, court proceedings, and the final judgment. The Parties
Limitation Period For Building Act Cases Read More »
Introduction The case of Nottingham Forest Trustee Ltd v Unison Networks Ltd [2021] NZCA 227 concerns the legal principles surrounding nuisance, the rule in Rylands v Fletcher, and negligence. This comprehensive analysis provides an overview of the High Court’s judgment, the appeal, and the cross-appeal, focusing on the detailed arguments and legal reasoning that underpin
Nuisance, Rylands v Fletcher and Negligence Read More »
Introduction Cross-lease disputes are a prevalent issue in property law, especially when it comes to the reasonableness of withholding consent for structural alterations. The recent case of Martelli v Liow [2024] NZHC 968 offers an insightful exploration of this complex area, reaffirming the principles set out in the landmark case Smallfield v Brown [1991]. This
Cross-lease dispute and withholding consent for structural alteration – Martelli v Liow. Read More »
