IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CIV2023-404-001364 CIV2023-404-001506
CIV2023-404-001608 [2023] NZHC 2205
UNDER the Declaratory Judgments Act 1908 BETWEEN
GENERAL FINANCE LIMITED
Applicant
AND
EU KUOH (AUGUSTINE) LAU
First Respondent
AND
LIYUN CHEN
Second Respondent
Hearing: 9 and 16 August 2023 Appearances:
M G P Martin for the Applicant E K Lau in person
Judgment:
16 August 2023
ORAL JUDGMENT OF WHATA J
This judgment was delivered by me on 16 August 2023, pursuant to Rule 11.5 of the High Court Rules.
Registrar/Deputy Registrar Date: ………………………….
Solicitors:
Martelli McKegg, Auckland Copy to: E Lau, L Chen
GENERAL FINANCE LIMITED v LAU [2023] NZHC 2205 [16 August 2023]
[1]General Finance Limited (GFL) seeks the following orders:
(a)removal of caveat registered by Mr Lau against the property at 9 Sunderlands Road, Half Moon Bay (the Property);1
(b)removal of notice of claim by Mr Lau against the title to the Property;
(c)a declaration that a document, alleged by Mr Lau and Ms Chen to be a residential tenancy agreement in respect of the Property is unlawful, invalid and of no effect.
[2] These matters have come before the Court in a haphazard way reflecting and responding to various steps taken by Mr Lau to protect his interests. I resolved in a telephone conference the day before the initial of hearing this matter, that we should focus on the application to remove the caveat, being the most pressing matter for GFL.
[3]The central issues in dispute are whether:
(a)It is reasonably arguable that Mr Lau has any interest in the Property that might sustain the caveat; and
(b)I should exercise my discretion to remove the caveat in any event.
Process post first hearing
[4] At the hearing I indicated to Mr Martin and Mr Lau that various matters needed to be attended to in order to put the case on a proper footing before me. I mean no criticism of the parties in this regard. It is simply a reflection of the mobile and urgent nature of the matters in dispute. In this regard:
(a)Given the relevant information was spread across multiple files and at least two sets of proceedings, a further common bundle was necessary with all key documents included.
1 The application to remove caveat in respect of another property at 92 Jeffs Road, Flat Bush was withdrawn prior to the hearing.
(b)I also indicated to Mr Martin that further attention was needed in terms of specific legal issues and associated authorities.
(c)Mr Lau also needed to produce affidavit evidence as to various matters he had raised, and in particular he needed to confirm the date of execution of a separation agreement, a tenancy agreement, a lease and the sale and purchase agreement which he says provide the basis for his caveatable interest.
[5]As a consequence of this, I gave leave to:
(a)Mr Martin to file a further bundle of documents and authorities, together with supporting submissions.
(b)Mr Lau to…
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- [2023] NZHC 2205
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