IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CIV-2022-404-002282
[2023] NZHC 494
UNDER Part 19 of the High Court Rules 2016 and s 284(1)(a) of the Companies Act 1993 IN THE MATTER
of an application pursuant to s 284(1)(a) of the Companies Act 1993 for directions in relation to the liquidation of Tiny Town Projects Limited (in liquidation)
BETWEEN
TONY LEONARD MAGINNESS and
JARED WAIATA BOOTH as liquidators of Tiny Town Projects Limited (in liquidation) Applicants
AND
TINY TOWN PROJECTS LIMITED (in
liquidation) Respondent
Hearing: 20 February 2023 Appearances:
E C Gellert and Z Zhao for Applicants
A S Butler KC and J L Bates for Tiny Town purchasers R B Hucker and M C Swan for Sescape
A H Hong for Warmerdams
Judgment:
14 March 2023
JUDGMENT OF VENNING J
This judgment was delivered by me on 14 March 2023 at 3.30 pm, pursuant to Rule 11.5 of the High Court Rules.
Registrar/Deputy Registrar Date……………
Solicitors: Lowndes Jordan, Auckland
Brown & Bates, Napier McCaw Lewis, Hamilton Molloy Hucker, Auckland
Counsel:A S Butler KC, Wellington R B Hucker, Auckland
MAGINNESS v TINY TOWN PROJECTS LIMITED (in liq) [2023] NZHC 494 [14 March 2023]
TABLE OF CONTENTS
Background [2]
Parties’ positions [13]
The declarations [21]
Issues [22]
The conditions of contract [23]
Has property in the tiny homes passed to the fully paid purchasers? [25]
Counsels’ submissions [25]
Analysis — when does property pass? [33] Section 53 of the PPSA [66]
Counsels’ submissions [66]
Analysis [75]
Equitable lien [90]
Counsels’ submissions [90]
Analysis [107]
Institutional constructive trust [120]
Counsels’ submissions [120]
Analysis [124]
The Warmerdams’ final payment [131]
Analysis [134]
Summary/Result [137]
Declarations [138]
Costs [139]
[1] Tiny Town Projects Limited (in liquidation) (the company) was placed into liquidation on 15 November 2022. At the time it had partially completed construction of six tiny homes. Following the company’s liquidation an issue has arisen as to the ownership of the partly constructed tiny homes and the nature of their purchasers’ interests in them, if any.
Background
[2] The company operated from leased premises at Moturoa, New Plymouth. Its business was the construction and sale of custom-built “tiny homes”. It offered studio, one-bedroom and two-bedroom customisable options, with a starting price of
$155,990.
[3] The tiny homes were generally three metres in width, with variable lengths depending on whether they were studio, one-bedroom or two-bedroom. Each tiny home was constructed to suit the requirements of a particular customer (for example
the purchaser was able to choose fittings from a restricted number of options). The tiny homes took approximately four to six months to build. They were built on a steel trailer and had a steel frame. The company obtained a Code Compliance Certificate (CCC) from the New Plymouth District Council for each tiny home before delivery. The tiny homes were transportable. On completion each tiny home was transported on a low deck truck to the delivery site specified by the purchaser.
[4]…
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- AGLC
- Maginness v Tiny Town Projects Limited (in liquidation) [2023] NZHC 494
- Case
- [2023] NZHC 494
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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