IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
CIV-2014-404-001422 [2015] NZHC 3228
BETWEEN SM & T HOMES LIMITED
Plaintiff
AND
THI KIM CHI NGUYEN AND VINH HGOC NGUYEN
First Defendants
BARFOOT & THOMPSON LIMITED Second Defendant
Hearing: 5-7 and 9 October 2015 Counsel:
S C Dench for the Plaintiff
N C King for the First Defendants
T D Rea and C Jiang for the Second DefendantJudgment:
15 December 2015
JUDGMENT OF EDWARDS J
This judgment was delivered by Justice Edwards on 15 December 2015 at 4.00 pm, pursuant to
r 11.5 of the High Court Rules
Registrar/Deputy Registrar
Date:
Counsel: S C Dench, Auckland
N C King, Auckland
Solicitors: J P Campi, Auckland Sinisa Law, Auckland Glaister Ennor, Auckland
SM & T HOMES LTD v NGUYEN [2015] NZHC 3228 [15 December 2015]
Introduction
[1] SM & T was the successful bidder at an auction on 3 December 2014 for the property at 42 Church Street, Otahuhu. The property was “knocked down” to it at a price of $450,000.
[2] Ms Chi Nguyen and Mr Vinh Nguyen are the owners of the property. They deny that there is an enforceable agreement for sale. They did not settle on the appointed date.
[3] SM & T sues for specific performance and interest at the rate provided for in the sale and purchase agreement. In the event SM & T fails on its claim for specific performance, it claims against the second defendant (Barfoot & Thompson) for misrepresentation as to the existence of an enforceable sale and purchase agreement.
[4] Barfoot & Thompson maintains the same position as SM & T on the primary claim, that is, that there is an enforceable sale and purchase agreement for the property. It denies the alternative claims against it, but in the event those claims are successful, it cross-claims against the Nguyens on the basis of estoppel.
[5] The key issue is whether or not there is an enforceable sale and purchase agreement for the property which is capable of being specifically performed.
Background
Parties
[6] SM & T is a family company owned by Mr Steve Piner and Dr Marewa Glover. The purchase of the property at 42 Church Street was to complement the other four properties it owns in Church Street.
[7] Ms Chi Nguyen and Mr Vinh Nguyen are relatives. They are both from
Vietnam and their evidence was given via an interpreter.
[8] Ms Nguyen has lived in New Zealand since September 1999. She lives in the property at 42 Church Street with her children. Ms Nguyen’s partner is Mr Tien Nguyen who also gave evidence at trial through an interpreter.
[9] Mr Vinh Nguyen has resided in New Zealand for the last 31 years. He owns a number of investment properties and is currently involved in a bakery business owned by his wife.
Agency Agreement
[10] In late 2013, Ms Nguyen decided to sell the house at 42 Church Street and was introduced to Mr Ricky Yap,…
Keep reading for free
Create a free CaseChat account to read SM & T Homes Ltd v Nguyen 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
- [2015] NZHC 3228
- Decision Date
CaseChat Overview and Summary
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.