Melanesian Mission Trust Board v Olliver Trustee Limited

[2017] NZHC 1594

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV-2017-404-000958 [2017] NZHC 1594

BETWEEN

MELANESIAN MISSION TRUST

BOARD Applicant/Plaintiff

AND

OLLIVER TRUSTEE LIMITED AS TRUSTEE OF THE OLLIVER FAMILY TRUST

First Respondent/First Defendant

THE KOHIMARAMA TRUST LIMITED Second Respondent/Second Defendant

Hearing:	11 July 2017
Appearances:	G J Luen for Applicant/Plaintiff No appearance for Respondents/Defendants
Judgment:	11 July 2017

ORAL JUDGMENT OF VENNING J

Solicitors:           Hesketh Henry, Auckland

Copy to:            Defendants

MELANESIAN MISSION TRUST BOARD v OLLIVER TRUSTEE LTD AS TRUSTEE OF THE OLLIVER FAMIILY TRUST [2017] NZHC 1594 [11 July 2017]

[1]      This is an application for summary judgment.  There is no appearance of or for the first and second defendants.

[2]      Under an agreement for sale and purchase dated 1 May 2015 the applicant sold various interests in land to the first defendant.  The first defendant nominated the second defendant to settle the purchase.  Neither party paid the deposit required under the agreement and neither defendant settled the purchase on the settlement date of 1 May 2016.

[3]      The   applicant   subsequently   served   settlement   notices   which   expired unremedied.  The defendants subsequently lodged caveats over the property.  Those caveats have lapsed by order of the Court.  On the basis of the material before the Court, in particular the material contained in Ms Liggin’s affidavit, I am satisfied that the applicant/plaintiff is entitled to summary judgment against the defendants.

[4]      There will be the following orders:

(a)       declaration that the Melanesian Trust Board was entitled to and did cancel the agreement for sale and purchase dated 1 May 2015;  and

(b)costs against the first and second defendants jointly and severally in the sum of $11,159.39 including disbursements.

Venning J