Hawken Lane Development LP v Property Sales Direct Ltd

[2021] NZHC 1340

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2021-404-830

[2021] NZHC 1340

BETWEEN

HAWKEN LANE DEVELOPMENT LP

Applicant

AND

PROPERTY SALES DIRECT LTD

Respondent

Hearing:

8 June 2021

Counsel:

S Maloney for applicant

R B Stewart QC for respondent

Judgment:

8 June 2021

ORAL JUDGMENT OF KATZ J

Solicitors:           Heritage Law, Auckland

Davies Law, Auckland

Counsel:            R B Stewart QC, Barrister, Auckland

HAWKEN LANE DEVELOPMENT LP v PROPERTY SALES DIRECT LTD [2021] NZHC 1340 [8 June 2021]

[1]                 The applicant has filed an amended originating application for orders removing a caveat against dealings.

[2]                 I have heard from both parties today. I am satisfied that the order removing the caveat should be granted. I accordingly make an order in the terms set out at [1](c) of the application, namely an  order  removing  caveat 12057706.01  registered  on 30 March 2021 against the land comprised in the following Records of Title:

(i)Identifier 801138, Legal Description Lot 107, Deposited Plan 513928.

[3]                 I also grant leave for the pleadings and affidavits filed in proceedings CIV-2019-404-1435 and CIV-2019-404-289 (being proceedings between the same parties) to be relied on by the parties and the Court in the disposal of this application.

[4]                 I reserve the issue of costs. In the event that costs cannot be agreed between the parties any memorandum from the applicant is to be filed by 22 June 2021. Any memorandum in response from the respondent is to be filed 29 June 2021.

[5]                 Written reasons for this decision are reserved and will be delivered through the Registry in the usual way.

Katz J