IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CIV-2018-404-2619
[2019] NZHC 3032
BETWEEN QINGHUA MO and YU HUANG
First Plaintiffs
AND
TAMAKI HOMES LIMITED
First Defendant
ZHE YANG and JACKSON ING WEI LAW
Second Defendants
CIV-2019-404-1927 BETWEEN
QINGHUA MO and YU HUANG
First PlaintiffsAND
ZHE YANG and JACKSON ING WEI LAW
Defendants
continued: …/2
Hearing: 14 and 15 November 2019 Appearances:
G S D Wiles and R Kaur for Plaintiffs I Hutchison for Defendants
Judgment:
20 November 2019
ORAL JUDGMENT OF ASSOCIATE JUDGE BELL
Solicitors/Counsel:
DX Law Ltd, Auckland – S Hou
Croftfield Law Ltd, Wairau Valley, Auckland G D Wiles, Barrister, Auckland
I Hutchison, Barrister, Auckland
MO and HUANG v TAMAKI HOMES LTD [2019] NZHC 3032 [20 November 2019]
…/2
CIV-2019-404-997
BETWEEN QINGHUA MO and YU HUANG
First Plaintiffs
D H & P M LIMITED
Second Plaintiff
AND ZHE YANG
First Defendant
YAN YANG
Second Defendant
CIV-2019-404-506
BETWEENZHE YANG and JACKSON ING WEI LAW
Plaintiffs
AND D H & P M LIMITED
First Defendant
QINGHUA MO and YU HUANG
Second Defendants
[1] On 14 and 15 November 2019, I heard three applications. After hearing each application, I gave a ruling. This decision gives those rulings.
The plaintiffs’ application for further discovery in CIV-2018-404-2619
[2] Zhe Yang and Jackson Ing Wei Law carry on business as property developers in Auckland. For some of their projects they received finance from the plaintiffs. I will accordingly refer to the plaintiffs as the financiers and the defendants as the developers. Tamaki Homes Ltd is a company of which the developers are directors. It is a vehicle through which they have carried out developments around Auckland. They also have a project management company, Vinjax Ltd.
[3] CIV-2018-404-2619 relates to a development at 12 Ropata Avenue, Point England, Auckland. In their amended statement of claim of 30 August 2019 the financiers say that they and the developers made an agreement in about July 2015, under which the financiers would take title to a townhouse to be constructed on a subdivided lot at 12 Ropata Avenue. Title was held in the name of Tamaki Homes Ltd. They plead that they would contribute $400,000, which would be applied towards the purchase of the property and the construction of five townhouses. Payment of the
$400,000 would give them an equitable interest in the property pending the completion of the subdivision. The developers were to obtain all the necessary consents and to construct the townhouses at their own cost. They were to complete the job by December 2016. The financiers say that they made payments totalling $409,000 between September 2015 and 19 April 2016. They made further contributions between May 2015 and June 2017 amounting to $995,000 and, in or around November 2016, they made further cash payments totalling $112,200. They say that all up their contributions come to $1,516,000.
[4] While they were to take one lot in the subdivision, they say that the defendants tried to…
Keep reading for free
Create a free CaseChat account to read Mo v Tamaki Homes Limited and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2019] NZHC 3032
- Decision Date
CaseChat Overview and Summary
The court found that the plaintiffs' application for further discovery in CIV-2018-404-2619 was partially successful. The defendants were ordered to provide a reconciliation of invoices and bank statements, as well as valuation reports and other relevant documents. The court noted the importance of clarifying the actual costs of the development, as well as the value of the property in question. The court also directed the defendants to provide legible copies of the documents already discovered and to disclose any valuation reports relating to the Ropata Avenue development.
As for the developers' application for further discovery in the same proceeding, the court did not order any additional discovery but invited both parties to file and serve supplementary affidavits of documents related to payments and receipts. The court emphasised the importance of providing documentary evidence to support their claims, as well as the potential consequences of failing to do so.
In relation to the developers' application under r 10.12, the court ordered that the four proceedings be heard together. The court found that there were sufficient overlaps in factual matters and credibility issues to warrant a joint hearing. The court acknowledged the financiers' desire for early resolution but emphasised the need for a thorough hearing of all the matters in dispute. The court set the joint hearing for three weeks beginning 10 May 2021, with one case officer and one Associate Judge to handle all proceedings.
In summary, the court partially granted the plaintiffs' application for further discovery, ordered the defendants to provide additional documents and legible copies of the already discovered documents. The court did not require any further discovery from the plaintiffs but invited both parties to provide supplementary affidavits of documents. Lastly, the court ordered that the four proceedings be heard together, emphasising the need for a thorough hearing of all the matters in dispute.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.