Melco Property Holdings (NZ) 2012 Ltd v Hall

Case

[2022] NZSC 56

6 May 2022


IN THE SUPREME COURT OF NEW ZEALAND

I TE KŌTI MANA NUI O AOTEAROA

 SC 64/2021
 [2022] NZSC 56
BETWEEN

MELCO PROPERTY HOLDINGS (NZ) 2012 LIMITED
Appellant

AND

ANTHONY JOHN HALL
Respondent

Hearing:

23 February 2022

Court:

William Young, Glazebrook, O’Regan, Ellen France and Williams JJ

Counsel:

A C Beck and J M Perry for Appellant
A L Holloway and T A Cunningham for Respondent

Judgment:

6 May 2022

JUDGMENT OF THE COURT

AThe application for leave to adduce new evidence (the email chain) is dismissed.

BThe appeal is allowed.  The decisions of the Court of Appeal and High Court refusing to sustain the caveat are set aside.

COrder made that caveat No. 11659182.1 lodged by Melco on 16 January 2020 over the title to the property at 5 Parliament Street, Lower Hutt (WN13A/124), not lapse.

DCosts are reserved.

____________________________________________________________________

REASONS TO FOLLOW

  1. Given the proximity of the substantive hearing, this is a results judgment.  The Court intends to release the reasons for its judgment at 10 am on Thursday 12 May 2022. 

Solicitors:
Gibson Sheat, Wellington for Appellant
Wotton + Kearney, Wellington for Respondent 

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