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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 & issuing notices

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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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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