Meates v Topliss

[2021] NZHC 3554

IN THE HIGH COURT OF NEW ZEALAND GREYMOUTH REGISTRY

I TE KŌTI MATUA O AOTEAROA MĀWHERA ROHE

CIV-2019-418-32

[2021] NZHC 3554

BETWEEN

CHRISTOPHER JOHN MEATES and DONNA MARIE MEATES
Plaintiffs

AND

EILEEN MARIE TOPLISS

Defendant

Hearing: Supplementary Memoranda:

9-11 August 2021

15 and 17 December 2021

Appearances:

T J Mackenzie for Plaintiffs A J Whitcombe for Defendant

Judgment:

17 December 2021

JUDGMENT OF OSBORNE J

(Supplementary Directions)

This judgment was delivered by me on 17 December 2021 at 4.45 pm pursuant to Rule 11.5 of the High Court Rules

Registrar/Deputy Registrar Date:

MEATES v TOPLISS [2021] NZHC 3554 [17 December 2021]

[1]                 The plaintiffs sought specific performance of a contract relating to the subdivision of the defendant’s property at Kumara and the sale of a lot (“Lot 1”) to the plaintiffs.

[2]On 11 October 2021 judgment was given for the plaintiffs.1

[3]The order for specific performance provided:

… the defendant shall specifically perform the contract by completing the proposed subdivision and giving title to the subdivided Lot to the plaintiffs without avoidable delay and in any event no later than 10 January 2021[2]

[4]                 The defendant’s solicitor, Mr Whitcombe, has by memorandum requested directions whereby the deadline for transfer of the title is extended. Mr Whitcombe explained the delays that have occurred in relation to the conveyancing required to effect transfer of sale.

[5]                 For the plaintiffs, Mr Mackenzie asserts that some of the time that has passed since the judgment involved delay on the part of the defendant or her agents but accepts the Court should appropriately make directions in relation to the steps yet to be completed.

[6]                 The single difference between the parties is as to the time between each of the steps, the defendant seeking five working days and the plaintiffs seeking two working days. In my view, a compromise – three working days – is appropriate for the steps involved.

Orders

[7]I order:

1      Meates v Topliss [2021] NZHC 2717.

(a)the defendant is excused from the obligation under the judgment dated 11 October 2021 (to complete the proposed subdivision and to give title by the specified date of 10 January 2022);

(b)the defendant shall:

(i)pay any required fees due to Landonline and/or the Westland District Council within three working days of receiving an invoice;

(ii)lodge the s 224 Resource Management Act 1991 certificate in relation to the subdivision and all other necessary documents with Landonline no later than three working days from the date of receipt; and

(iii)no later than three working days from the date the subdivided titles issue execute the formal agreement for sale and purchase of Lot 1 and complete the sale of Lot 1 to the plaintiffs.

(c)there is no order as to the costs and disbursements of the memoranda filed in December 2021 or this order.

Osborne J

Solicitors:

Hannan & Seddon, Greymouth

Counsel: T J Mackenzie, Barrister, Christchurch Whitcombe Guinness & Kitchingham, Greymouth