Christchurch Residential Rentals Limited v Stanton

[2018] NZHC 406

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

CIV-2015-409-533 [2018] NZHC 406

BETWEEN

CHRISTCHURCH RESIDENTIAL RENTALS LIMITED

Plaintiff

AND

LINDA STANTON

Defendant

Hearing:

6 March 2018

Counsel:

S J Shamy for Plaintiff

C R Vinnell for Westpac New Zealand Ltd (non-party)

Judgment:

13 March 2018

JUDGMENT OF NICHOLAS DAVIDSON J

[1]The interim judgment of the Court was delivered on 2 December 2016.1

[2]        The proceeding came before the Court again as the plaintiff seeks orders that allow it to exercise its contractual rights for transfer to it of 13 properties in Christchurch, referred to in the draft Order and Schedule A to this second interim judgment.

[3]        The properties are registered in the name of Linda Mary Stanton, whose contractual relationship with the plaintiff has been set out in the interim judgment.

1      Christchurch Residential Rentals Ltd v Stanton [2016] NZHC 2936.

CHRISTCHURCH RESIDENTIAL RENTALS LIMITED v STANTON [2018] NZHC 406 [13 March 2018]

[4]        Westpac New Zealand Ltd (“Westpac”) has an interest as first mortgagee in respect of nine of the 13 properties with which this second interim judgment is concerned.

[5]        The plaintiff seeks orders to effect the transfer of the properties to it, subject to its obligation not to settle any insurance or EQC claim in respect of nine properties where Westpac is mortgagee, without Westpac’s written consent, (not to be unreasonably withheld), and until Westpac has been repaid in full any EQC or insurance payments are to be paid to Westpac. When all liability to Westpac has been repaid, it will discharge the mortgage over the nine properties.

[6]        An equivalent arrangement is proposed with regard to secured debt owed to ANZ Bank New Zealand Ltd over four properties in respect of which it is the mortgagee.

[7]        Mr Shamy for the plaintiff says that if settlement has not occurred by 29 March 2018, Westpac will continue its application for assistance under CIV-2017-409-974 in relation to a mortgagee sale of its secured properties.

Disposition

[8]        I am satisfied that the plaintiff is exercising its contractual rights to such orders to allow transfer of 13 properties referred to in the draft Order as scheduled, on the terms of the draft Order, and I make orders in terms of paragraphs 1 to 6.

[9]        I reserve leave for any further application necessary to effect this second interim judgment and as to costs.

Solicitors:

Ian Robertson & Co., Christchurch Linda Stanton, Defendant

Young Hunter, Christchurch Copy to counsel:

S J Shamy, Barrister, Christchurch

…………………………………….

Nicholas Davidson J

Anthony Harper, Christchurch for Westpac New Zealand Limited

Before the Honourable Justice Davidson

After reading the statement of claim and the affidavits of THOMAS VICTOR HENRY RONALD CATTERMOLE dated 24 February 2016, 1 December 2016 and 5 March 2018 and after hearing SJ Shamy, counsel for the Plaintiff, and C Vinnell, counsel on behalf of Westpac New Zealand Limited, this Court Orders :

1.That the Registrar is appointed to sign any transfer or Client Authority and Instruction for an Electronic Transaction required to effect a transfer to the plaintiff of the 13 Christchurch area properties listed in attached schedule A on behalf of the registered owner of those properties, Linda Mary Stanton.

2.That Westpac New Zealand Limited’s interest as first mortgagee in respect of each of the 9 properties in respect of which it is mortgagee is expressly recognised in this Order.

3.That pending registration of transfers to the Plaintiff of the 9 properties in respect of which Westpac New Zealand Limited is mortgagee no insurance or EQC claim in relation to the 9 properties is to be compromised or settled without Westpac New Zealand Limited's express written consent (such consent not to be unreasonably withheld) and that, until Westpac New Zealand Limited has been repaid in full, any EQC or insurance payments are to be paid to Westpac New Zealand Limited.

4.Upon settlement all secured debt owing to Westpac New Zealand Limited is to be paid in exchange for a discharge of the mortgages over the 9 properties in respect of which it is mortgagee.

5.Upon settlement all secured debt owing to ANZ Bank New Zealand Limited is to be paid in exchange for a discharge of the mortgages over the 4 properties in respect of which it is mortgagee.

6.If settlement has not occurred by 29 March 2018 Westpac New Zealand Limited shall continue with its application for assistance under CIV 2017-409-974 in relation to mortgagee sale of its security properties.

Date:

Deputy Registrar

Schedule A

i.      3 Albermarle Street, Christchurch, being all the land contained in Unique Identifier CB22B/220.

ii.      8 Albermarle Street, Christchurch, being all the land contained in Unique Identifier CB22K/336.

iii.10 Albermarle Street, Christchurch being all the land contained in Unique Identifier CB395/10.

iv.117 Burke Street, Christchurch, being all the land contained in Unique Identifier CB445/244.

v.      1/938 Colombo Street, Christchurch, being all the land contained in Unique Identifier CB22B/426.

vi.2/938 Colombo Street, Christchurch, being all the land contained in Unique Identifier CB22B/427.

vii.67 Hastings Street, Christchurch, being all the land contained in Unique Identifier CB22K/191.

viii.1/106 Huxley Street, Christchurch, being all the land contained in Unique Identifier CB42B/735.

ix.178 Linwood Avenue, Christchurch, being all the land contained in Unique Identifier CB27B/761.

x.      93 Nursery Road, Christchurch, being all the land contained in Unique Identifier CB376/69.

xi.18 Southampton Street, Christchurch, being all the land contained in Unique Identifier CB22F/590.

xii.59A Southbrook Road, Rangiora, being all the land contained in Unique Identifier CB47B/1214.

xiii.45 Whites Road, Christchurch, being all the land contained in Unique Identifier CB8F/938.