Kite v Kite

[2023] NZHC 652

IN THE HIGH COURT OF NEW ZEALAND TAURANGA REGISTRY

I TE KŌTI MATUA O AOTEAROA TAURANGA MOANA ROHE

CIV-2022-470-98

[2023] NZHC 652

BETWEEN

EMMA LOUISE KITE and ZANE KITE

Plaintiffs/Applicants

AND

MARY KITE and AC & C TRUSTEES

LIMITED as trustees of the GEOFF and MARY KITE FAMILY TRUST

First Defendant/Respondent

MARY KITE

Second Defendant/Respondent

Hearing:

27 March 2023

Counsel:

TJ Conder and ST Hartley for the Plaintiffs/Applicants

S J Clews for the First and Second Defendants/Respondents

Judgment:

28 March 2023

JUDGMENT OF ASSOCIATE JUDGE SUSSOCK

This judgment was delivered by me on 28 March 2023 at 4pm pursuant to r 11.5 of the High Court Rules

Registrar/Deputy Registrar

Solicitors:

Holland Beckett, Tauranga

KITE v KITE and AC & C TRUSTEES LTD [2023] NZHC 652 [28 March 2023]

Introduction

[1]                  I issued a Minute this morning to confirm the orders made at the hearing yesterday. Counsel for the plaintiffs/applicants has asked that I record the orders in a judgment. Although orders contained in a Minute may be sealed, r 15.16 of the High Court Rules 2016 refers to “judgment” being entered on an admission filed. To avoid any issues arising, I therefore issue this judgment to record the orders made.

Orders

[2]                  Following the filing of a consent to judgment by the first and second defendants dated 23 March 2023, the memorandum of the plaintiffs/applicants amending the position regarding costs dated 24 March 2023 and confirmation from counsel for the defendants by email that they agree to that amendment, I made the following orders by consent:

(a)The first defendant is to specifically perform the Agreement as varied and as pleaded in the statement of claim for the sale and purchase of 1B Riverside Drive, Whakatane (Property) with settlement of that purchase to be on 9 October 2024 or such other date as the parties agree in writing.

(b)The plaintiffs/applicants, Emma Louise Kite and Zane Kite, are entitled to occupy the Property until settlement of the Agreement described in paragraph 2(a).

(c)The first defendant is to pay costs to the plaintiffs/applicants in a sum equal to the amount paid by the Legal Services Commissioner in respect of the proceeding, upon provision of copies of the relevant invoices to the first defendant, provided that the total payable may not exceed $8,604.

Associate Judge Sussock