Macready Building Supplies Limited v Paul McCrone Builder Limited

[2016] NZHC 12

IN THE HIGH COURT OF NEW ZEALAND DUNEDIN REGISTRY

CIV-2016-412-000002 [2016] NZHC 12

BETWEEN

MACREADY BUILDING SUPPLIES

LIMITED Applicant

AND

PAUL MCCRONE BUILDER LIMITED Respondent

Hearing:	On the papers
Judgment:	15 January 2016

JUDGMENT OF NATION J

[1]      The applicant has made an ex parte application for an order that a caveat not lapse.   The application is made on an ex parte basis because, without an order extending the caveat, it would otherwise lapse on 20 January 2016.  The applicant’s counsel has endeavoured to inform the respondent’s counsel of the making of the application to see if the respondent can consent to the application but, because of the respondent’s counsel currently being on vacation, has not been able to obtain any response.

[2]      A Judge will not be sitting in the High Court in Dunedin until 4 February

2016 but it is anticipated that, unless either party seeks leave to have the matter dealt with in Court before then and arrangements can be made accordingly, it will be possible for the making of any order on an ex parte basis to be reviewed on an on- notice basis on 4 February 2016.

[3]      I am satisfied that it is appropriate to make an interim order in the terms sought.  I accordingly make an interim order that:

MACREADY BUILDING SUPPLIES v PAUL MCCRONE BUILDER LIMITED [2016] NZHC 12 [15 January

2016]

(a)  the caveat number 8767519.4 registered against the land described in identifier OT245/199 not lapse pending further orders of the Court;

(b)  costs are reserved;

(c)  leave is reserved to either party to seek a discharge of the order on seven days notice.

Solicitors:

Wilson McKay, Auckland