Equitable Set-Off: A Viable Defence Against Summary Judgment?

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 […]

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Fencing dispute & importance of issuing notices correctly

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

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Nuisance, Rylands v Fletcher and Negligence

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

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Cross-lease dispute and withholding consent for structural alteration – Martelli v Liow.

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

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Cross-Lease Disputes and Withholding Consent: A Legal Analysis

Introduction The New Zealand Court of Appeal’s decision in Turner v Goldsbury [2024] NZCA 292 highlights the complex nature of cross-lease disputes and the legal principles governing the withholding of consent for property modifications. This case offers a significant precedent on how courts may approach issues related to cross-lease agreements and the reasonable withholding of

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Read this if you have been served with an abatement notice

The Resource Management Act 1991 (RMA) in New Zealand is a piece of legislation that aims to manage the use, development, and protection of natural and physical resources. One aspect of the RMA is the ability for individuals or organisations to appeal an abatement notice if they feel it is unjust or unjustified. An abatement

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How to remedy a breach of easement

How to remedy a breach of easement Read More »

How to remove a caveat in New Zealand

A caveat is a legal notice that is placed on the title of a property to protect the interests of a person who has a potential claim to the property. In New Zealand, there are several ways to remove a caveat: It is important to note that the process for removing a caveat may vary

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Elements of negligence in New Zealand

In New Zealand, negligence is a legal concept that refers to a failure to take reasonable care in a particular situation, which results in harm to another person. To establish negligence in a legal claim, the following elements must be present: It is important to note that the standard of care required in a particular

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