IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CIV-2015-404-3074 [2017] NZHC 2340
BETWEEN RUI JIANG
Plaintiff
AND
HUIFEN HUANG Defendant
Hearing: 28 May to 2 June and 6 to 8 June 2017 Counsel:
RS Pidgeon for plaintiff
AR Gilchrist for defendantJudgment:
26 September 2017
JUDGMENT OF FITZGERALD J
This judgment was delivered by me on 26 September 2017 at 4 pm, pursuant to Rule 11.5 of the High Court Rules.
Registrar/Deputy Registrar
Date……………
Solicitors: Grant Sidnam, Auckland
Friedlander & Co, Auckland (P Friedlander)
Contents
Introduction ..........................................................................................................[1] Factual background/overview .............................................................................[6] The issues ............................................................................................................[21] Observations on the evidence ............................................................................[22]
Plaintiff ’s claim
Introduction ......................................................................................................[25]
Is the trust position altered by the 2010 Agreement?.......................................[33] The 2010 Agreement.........................................................................................[38] Is the 2010 Agreement valid? ...........................................................................[39] Was the 2010 Agreement implemented? ...........................................................[50] The parties’ respective financial contributions to the Property .......................[70] Sale of the Property..........................................................................................[73]
Defendant’s counterclaim - $200,000 loan
Introduction ......................................................................................................[79]
Defendant’s counterclaim - loan of RMB 3.1 million......................................[95] Result on joint statement of issues .................................................................. [110] Costs .................................................................................................................. [112]
Introduction
[1] This proceeding concerns the parties’ respective interests in a property located in Swayne Road, Cambridge (“Property”). There is no doubt the Property was purchased in 2006 with the intention that both parties would own it equally. Each party made (relatively) equal contributions to the purchase price, with the balance being funded by an interest only mortgage from ASB. The parties intended to each contribute equally to mortgage interest payments and other outgoings in respect of the Property, and look to sell it at a profit at a later point in time (after a change to the applicable District Plan). And, although the Property was registered in only the defendant’s name on settlement of the purchase, it is agreed that, at least for the initial period of ownership, the defendant held a 50 per cent interest in the Property on trust for the plaintiff.
[2] Despite the common intention that each party would make equal
contributions to the Property’s outgoings (including mortgage interest), by June
2008, the plaintiff was unable to continue to fund his share of the mortgage interest payments. In addition, during 2008 and 2009, the defendant made significant repayments of principal under the mortgage. These matters meant that by 2010, the parties’ respective contributions to the Property were significantly unequal. They met in July 2010 to discuss the position. They recorded certain matters in a document, setting out a process by which, in effect, either party could buy out the other’s interest in the Property. For convenience, I will refer to this document as the “2010 Agreement”.
[3] The plaintiff says the 2010 Agreement was never implemented, such that he retains an interest in the Property. The plaintiff seeks a range of relief in this regard, including declaratory relief and an order pursuant to s 339 of the Property Law Act
2007 that the Property be sold.
[4] The defendant says that the 2010 Agreement was…
Continue reading Jiang v Huang
Sign in free to access the full text
- AGLC
- Jiang v Huang [2017] NZHC 2340
- Case
- [2017] NZHC 2340
- Decision Date
CaseChat Overview and Summary
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.