IN THE HIGH COURT OF NEW ZEALAND BLENHEIM REGISTRY
I TE KŌTI MATUA O AOTEAROA TE WAIHARAKEKE ROHE
CIV-2021-406-000038
[2022] NZHC 2110
BETWEEN ANTHONY JOHN GUBBINS RYAN and MARIA ELIZABETH RYAN
Plaintiffs
AND
M & E RYAN & SONS LIMITED
Defendant
Hearing: 31 May 2022 Appearances:
T G Stapleton QC for Plaintiffs M Radich for Defendant
Judgment:
25 August 2022
JUDGMENT OF ASSOCIATE JUDGE PAULSEN
This judgment was delivered by me on 25 August 2022 at 11.30 am pursuant to Rule 11.5 of the High Court Rules
Registrar/Deputy Registrar Date:
RYAN v M & E RYAN & SONS LTD [2022] NZHC 2110 [25 August 2022]
Table of Contents
Para No
Background [6] Property Law Act
[36]
Summary judgment principles
[41]
The plaintiffs’ submissions
[46]
MER’s submissions
[52]
Analysis
[57]
The extent of each party’s share in the property
[58]
Nature and location of the property
[59]
The number of other co-owners and the extent of the shares
Hardship to the applicant by the refusal of the order in comparison to the hardship to any other person by the making of the order
Contributions made by co-owners
Any other matters the Court considers relevant
[60]
[61]
[68]
[69]
The Agreement
[70]
Post-Agreement conduct
[82]
Taxation and compensation
[86]
My conclusion
[95]
Result
[96]
[1] This is a plaintiffs’ summary judgment application seeking orders under s 339(1)(b) of the Property Law Act 2007 for the division of land that is co-owned by the plaintiffs and the defendant in unequal shares, along with ancillary orders consequent upon the division of the land.1 The main protagonists are brothers, and the litigation follows the breakdown of family relationships.
[2] The land in issue is near Seddon and is planted in vineyards. The land is comprised in five titles, with the plaintiffs and the defendant being the registered proprietors of undivided 77.857 per cent and 22.143 per cent shares in the land respectively. Each party has the exclusive occupation/use of an area of the land, but those areas do not reflect their registered interests. It is this fact that is the genesis of the issues arising in this proceeding.
[3] The plaintiffs seek orders to divide the land according to the parties’ respective areas of occupation on the basis this will give effect to an agreement between the parties of 25 May 2009 by which the defendant acquired its interest in the land.
[4] The defendant does not oppose a division of the land per se, but says that what the plaintiffs are seeking will result in it receiving a 15.03 per cent divided share of the land, rather than its registered 22.143 per cent undivided share and the transfer of considerable value to the plaintiffs at its expense. It says the plaintiffs must pay compensation for what it will lose. The defendant also argues the case is unsuitable for summary judgment due to the lack of taxation and valuation advice, the many material factual disputes that exist, and in circumstances where the Court exercises a…
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- AGLC
- Ryan v M & E Ryan & Sons Limited [2022] NZHC 2110
- Case
- [2022] NZHC 2110
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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