Introduction Background of the Dispute Tenant’s Application for Relief Waimarie applied to the High Court under s253 of the Property Law Act 2007, requesting relief against cancellation of the lease. The company argued that it would be able to clear the arrears within three weeks based on either: Landlord’s Objections Legal Framework and Principles Court’s […]
Introduction 1. Cross-lease properties are a common form of residential ownership in New Zealand. However, they often give rise to complex disputes — particularly when one owner makes changes to their exclusive-use area without the required consent of others. A recent High Court decision, Hall & Anor v Geary Ltd & Ors [2025] NZHC 1004,
Cross-Lease Disputes in New Zealand: Key Lessons from Hall v Geary [2025] Read More »
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 »
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 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 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 »
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
Cross-Lease Disputes and Withholding Consent: A Legal Analysis Read More »
