Cashmere Capital Limited v Crossdale Properties Limited

[2009] NZSC 81

IN THE SUPREME COURT OF NEW ZEALAND

SC 46/2009
[2009] NZSC 81

BETWEENCASHMERE CAPITAL LIMITED

Appellant

ANDCROSSDALE PROPERTIES LIMITED AND ORS

Respondents

Court:Blanchard, McGrath and Wilson JJ

Counsel:G A Hair for Appellant

N A Till QC for 2nd to 8th Respondents

Judgment:24 July 2009 

JUDGMENT OF THE COURT

A        Leave to appeal is granted.

BThe approved ground of appeal is whether s 22(1) of the Retirement Villages Act 2003 applies to the exercise by Cashmere of its rights under its mortgage.

CThe second to eighth respondents support the judgment below on the following additional grounds:

(i)That Cashmere consented to leases in favour of them in terms of the exception to s 119 of the Land Transfer Act 1952 or in terms of section 138(1) of the Property Law Act 2007;

(ii)That Cashmere became an “operator” of a retirement village under the Retirement Villages Act with the consequence that it was obliged to register the retirement home and that the respondents are entitled to the benefit of s 22 of the Act.

Solicitors:
Malley & Co, Christchurch for Applicant
Steel & Co, Christchurch for Respondents