IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CIV-2017-404-2625
[2018] NZHC 1736
BETWEEN NORTHWEST DEVELOPMENTS LTD
Plaintiff
AND
CHENG ZHANG, JIN KUK JUNG and PILL SOON SO
Defendants
Hearing: 23 February 2018
[Further submissions filed 9 March 2018; 16 March 2018;
23 March 2018]Counsel:
M J Fisher and K J Ng for Plaintiff R M Dillon for Defendants
Judgment:
13 July 2018
JUDGMENT OF BREWER J
This judgment was delivered by me on 13 July 2018 at 3:00 pm pursuant to Rule 11.5 High Court Rules.
Registrar/Deputy Registrar
Solicitors:
Castle Brown (Auckland) for Plaintiff
Queen City Law (Auckland) for Defendants
NORTHWEST DEVELOPMENTS LTD v ZHANG & ORS [2018] NZHC 1736 [13 July 2018]
Introduction
[1] The plaintiff (“Northwest”) applies for summary judgment against the defendant (“the Jung interests”).
[2] The statement of claim pleads background facts. In summary, Northwest’s case is that it became the owner of a piece of land situated within an area known as the Huapai Triangle. The owners of five areas of land in that area agreed to work together to apply for a variation to the District Plan to enable their land to be subdivided. Their agreement was reduced to writing (“the 5 Owners Agreement”). Northwest, it pleads, became a party to the 5 Owners Agreement when it purchased its land from owners who were signatories to the agreement. The Jung interests also owned one of the pieces of land and they signed the 5 Owners Agreement.
[3] The statement of claim succinctly defines the relevant provisions of the 5 Owners Agreement:
(a)each party granted equitable easements over their respective parcels of land, including for access and roading purposes;
(clauses 14 and 15)
(b)each party agreed to do all things reasonably necessary, in relation to any part of its land required to be vested or dedicated in the Council, to enable such vesting or dedication to occur, in particular in relation to land owned by one party which is required to be vested or dedicated as road to enable Roading to service another party’s land;
(clause 16)
(c)each party agreed:
(i)to assign or transfer its rights and obligations under the 5 Owners Agreement when transferring its land to a successor in title;
(ii)to cause the successor in title to enter into a new agreement with the other parties on the same terms as the 5 Owners Agreement, or a deed of novation, so that the successor in title is bound on the same terms as the transferring/assigning party is bound by the 5 Owners Agreement;
(clauses 58 and 69)
(d)each party agreed to use its reasonable endeavours to obtain its existing mortgagees’ consent and any other security holders’ consent
to, and agreement to the extent necessary to be bound by the terms of, the agreement;
(clause 69)
(e)each party agreed with due diligence to sign all necessary deeds and documents and do everything that is reasonably required to carry out the terms of the…
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- Northwest Developments Ltd v Zhang [2018] NZHC 1736
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- [2018] NZHC 1736
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