Stafford v Registrar-General of Land

[2017] NZHC 3253

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-Ā-TARA ROHE

CIV-2017-485-1033

[2017] NZHC 3253

UNDER

the Judicial Review Procedure Act 2016 and Part 30 of the High Court Rules

IN THE MATTER OF

an application for judicial review of a decision by the Registrar-General of Land pursuant to s 216 of the Land Transfer Act 1952

BETWEEN

RORE PAT STAFFORD

Applicant

AND

REGISTRAR-GENERAL OF LAND

First Respondent

AND

ACCIDENT COMPENSATION CORPORATION

Second Respondent

Hearing:

19 December 2017

Appearances:

K Feint and M Smith for Applicant M Bryant for First Respondent

R Roff for Second Respondent

Oral Judgment:

19 December 2017

ORAL INTERIM JUDGMENT CHURCHMAN J

[1]    This case involves an application for judicial review, and a related application for urgent interim orders. The proceedings are dated 18 September 2017 and were filed and served yesterday afternoon.

STAFFORD v REGISTRAR-GENERAL OF LAND [2017] NZHC 3253 [19 December 2017]

[2]    A teleconference was held this morning, 19 December, at which Ms Roff appeared for the ACC, the second respondent, and Mr Bryant for the Register-General of Land, the first respondent, with Ms Feint and Mr Smith for the applicant.

[3]    As a result of that teleconference this matter was set down for hearing of the interim application this afternoon.

[4]    During the intervening period the parties have discussed the possibility of undertakings. That process has continued during the course of this hearing this afternoon and the need for an interim hearing has been avoided on the basis of undertakings being provided by both the first and second respondent.

[5]In relation to the undertaking provided by ACC, I record it as follows:

ACC confirms that, prior to 31 January 2018, it will not deal with or take any steps in relation to the property which may adversely affect the applicant’s claimed interest in the property. ACC undertake that if the purchaser of the property seeks to invoke cl 18.1 of the Agreement for Sale and Purchase it will immediately notify the applicant.

[6]    For the sake of clarity I confirm that the property to which this undertaking relates is those parcels of land referred to and identified in the statement of claim in this matter and constituting an area of land colloquially known as Morrison Square, Nelson.

[7]    In addition to the undertaking, the issue of discovery has also been addressed and by consent I make the discovery in terms of a memorandum filed this afternoon. The discovery in respect of the first respondent is as set out in that memorandum.

[8]    In relation to the second respondent, ACC has provided as part of an affidavit presently unsworn but exchanged, a copy of the Agreement for Sale and Purchase in respect of the property in question.

[9]    A further issue arose in relation to the need for discovery regarding communication between ACC and others in relation to knowledge of these possible proceedings. I have declined to make an order in respect of particular discovery in relation to this information and I have done that on the basis of an indication that the

draft affidavit exchanged contains information which may resolve the concerns that the applicant has, to the effect that there may have been a communication with third parties by the second respondent.

[10]   However, if having reviewed that affidavit when it is formally sworn and received, the applicant believes further specific discovery against the second respondent, limited to this issue of communication with third parties around knowledge of these proceedings, is necessary then I reserve leave to the applicant to make an urgent application to the Court.

[11]   This matter has been allocated a hearing date to start at 11am on the 29th of January 2018. Discovery will need to be complied with sufficiently prior to that date so that the information can be analysed. I therefore direct that discovery be completed seven working days prior to the hearing.

[12]   This matter is accordingly adjourned on that basis and in accordance with the minute issued this morning following the teleconference. In relation to the filing of statements of defence and supporting documentation it is noted that other parties, in particular the Attorney-General may wish to participate in the hearing to take place on the 29th of January. If that is the case then leave is likely to be granted, given the lack of opposition, and the Attorney-General should promptly take steps to ensure that any application for leave to intervene is filed promptly.

[13]   For the sake of completeness, I confirm that a memorandum of counsel for an interested third party was filed immediately prior to the commencement of this hearing this afternoon. The memorandum was on behalf of the purchaser of the property. It is possible that this third party may also wish to join these proceeding. I reserve leave for them to do so and direct that a copy of this interim order be served on them and also indicate, should they wish to participate in the hearing scheduled for 29 January, that they promptly file an application for leave to appear as a third party and whatever affidavit information they wish to tender for the hearing.

[14]I take this opportunity to thank counsel for their assistance in addressing this

Churchman J

Solicitors:

Sian Holden Pitt & Moore, Nelson for Applicant