IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CIV-2022-404-001090
[2023] NZHC 249
UNDER the Land Transfer Act 2017 IN THE MATTER OF
caveat 11698572.1 lodged against record of title NA 123B/970 (North Auckland)
BETWEEN
PAISI JIANG
Applicant
AND
HIGHRISE APARTMENTS LIMITED
First Respondent
HONG LIANG and HUACHI GAO
Second RespondentsMING LIU
Third Respondent
CIV-2022-404-001096 UNDER
the Land Transfer Act 2017
IN THE MATTER
of Caveat 11698599.1 lodged against Record of Title NA 100C/387 (North Auckland)
BETWEEN
PAISI JIANG
Plaintiff
AND
GL GROUP LIMITED
First Respondent
HONG LIANG and HUACHI GAO
Second RespondentsYUEYING SUO
Third Respondent
Hearing: 13 October 2022
PAISI JIANG v HIGHRISE APARTMENTS LIMITED [2023] NZHC 249 [22 February 2023]
Appearances: S W M Piggin for the Applicant
D Zhang for the First and Second Respondents P Roycroft for the Third Respondent (excused)
Judgment:
22 February 2023
JUDGMENT OF ASSOCIATE JUDGE GARDINER
This judgment was delivered by me on 22 February 2023 at 11.30 a.m. pursuant to Rule 11.5 of the High Court Rules.
Registrar/Deputy Registrar Date.......................................
Introduction
[1] In June 2022, Highrise Apartments Ltd (Highrise Apartments) and GL Group Ltd (GL Group) applied to the Registrar-General of Land to lapse caveats on 2/239 Glenfield Road, Glenfield (the Glenfield property) and 2/1 Claude Brookes Drive, Henderson (the Henderson property), respectively. The caveator, Mr Paisi Jiang, lodged the caveats in March 2020 pursuant to a loan and security agreement dated 26 February 2020. The parties to the agreement are Mr Jiang, as lender, and Ms Hong Liang and Mr Huachi Gao (the Gaos) as borrowers. The agreement is the latest iteration of a financing arrangement behind a joint venture formed by the parties to develop land. Mr Jiang contends that the Gaos have not repaid the loan and that a considerable sum remains outstanding. He now applies to this Court for orders that the caveats not lapse. The application is opposed by the Gaos.
[2]The issues for me to determine are:
(a)Do Highrise Apartments and GL Group have standing to apply for a lapse of a caveat under s 143(1)(a) of the Land Transfer Act 2017 (LTA)?
(b)Has Mr Jiang established that it is reasonably arguable that he holds an interest in the Henderson and Glenfield properties that can support the caveats?
(c)If yes, will exercise of this Court’s residual discretion to remove the caveats prejudice Mr Jiang in light of the Gaos’ offer to deposit
$230,000 into a solicitor’s trust account pending resolution of the substantive loan dispute?
Background
[3] In August 2016, Mr Jiang and the Gaos formed a joint venture to develop land at 34 West Coast Road, Glen Eden and 2 Galbraith Street, Mt Roskill. Exactly how the joint venture arose is unclear. The Gaos, who are in the business of land development, had a pre-existing relationship with Mr Jiang’s mother, Ms Su Jiang, a real estate agent. It appears that Ms…
Continue reading Jiang v GL Group Limited
Sign in free to access the full text
- AGLC
- Jiang v GL Group Limited [2023] NZHC 249
- Case
- [2023] NZHC 249
- Decision Date
CaseChat Overview and Summary
The court found that the respondents had standing to apply for the lapse of the caveats as they wished to register an instrument affecting the estate or interest in the land. The court also found that Mr Jiang had a reasonably arguable interest in the properties based on the loan agreement, which could potentially confer an equitable interest in the form of an equitable charge or equitable mortgage. The court concluded that there was a dispute over the amount still owed under the loan agreement, and therefore, Mr Jiang's arguable caveatable interest continued to exist.
Regarding the exercise of the court's residual discretion, the court found that removing the caveats would prejudice Mr Jiang, as it would place the onus on him to sue the Gaos for the money instead of the Gaos being required to tender payment and bring redemption proceedings if necessary. The court ordered that the caveats 11698599.1 and 11698572.1 not lapse. The unsuccessful respondents were to pay Mr Jiang's costs on a 2B basis and reasonable disbursements.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.