IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CIV-2024-404-2342
[2025] NZHC 1455
BETWEEN EASTERNMANOR DEVELOPMENT LIMITED
Plaintiff
AND
YESHE DEVELOPMENT LIMITED
Defendant
Hearing: 27 May 2025 (by AVL) Appearances:
R O Parmenter for Plaintiff P J Wright for Defendant
Judgment:
5 June 2025
JUDGMENT OF ASSOCIATE JUDGE LESTER
This judgment was delivered by me on 5 June 2025 at 2.00 pm pursuant to Rule 11.5 of the High Court Rules
Registrar/Deputy Registrar
………………………..
EASTERNMANOR DEVELOPMENT LIMITED v YESHE DEVELOPMENT LIMITED [2025] NZHC 1455 [5 June 2025]
[1] Easternmanor Development Limited (Easternmanor) obtained summary judgment against Yeshe Developments Limited (Yeshe) in August 2023, following Yeshe’s failure to settle three vacant lots it had purchased from Easternmanor. All three contracts contained the same terms including price and provided that settlement was to be 20 working days after the issue of titles.1
[2] The summary judgment decision was not appealed. Easternmanor, on 7 August 2024, issued a statutory demand against Yeshe, which it did not apply to set aside. When liquidation proceedings were issued by Easternmanor, Yeshe filed a statement of defence. Easternmanor applied to strike out the statement of defence as an abuse of process, on the basis that it raises a defence that could and should have been brought in the summary judgment application. By the time the matter came on for hearing, counsel had agreed the hearing could be treated as an opposed application for liquidation.
Defences raised in the summary judgment application
[3] A number of defences were raised and rejected in the summary judgment hearing, but only one is relevant to the defence now relied on by Yeshe.
[4] Under the heading “Breach of the Fair Trading Act 1986 — when were titles to issue”, the summary judgment decision addressed the evidence of Mr Miao, a director of Yeshe. Mr Miao, in his affidavit in the summary judgment proceeding, said: “The agent for [Easternmanor] stated the titles for the properties would be available in March/April 2022 at the latest”. Titles did not issue until November 2022. I note in this proceeding, Mr Miao says the agent told him title would issue in February/March 2022.
[5] Mr Miao referred to a WeChat message with the real estate agent who was referred to in the summary judgment decision as “Gary”. The WeChat message produced was dated 3 February 2022, however, the contracts in issue were made on
1 Easternmanor Development Ltd v Yeshe Development Ltd [2023] NZHC 2317 [the summary judgment decision].
21 October 2021. Presumably that was why the defence was raised under the Fair Trading Act.
[6] I recorded in the summary judgment decision that the WeChat message was not relied on as a pre-contractual misrepresentation, given that it came after the date of the contracts when Yeshe had committed to purchase the properties. I also queried whether Gary continued to be the agent for Easternmanor at the time of these statements,…
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