Yeh v Hsiao

[2023] NZHC 2577

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

CIV-2023-409-392

[2023] NZHC 2577

IN THE MATTER

of an application under section 143 of the Land Transfer Act 2017

BETWEEN

YUN-PING YEH

Applicant

AND

LAN-HSIANG HSIAO

Respondent

Hearing:

14 September 2023

Appearances:

K Sun for Applicant

K L Maclean for Respondent

Judgment:

14 September 2023

JUDGMENT OF ASSOCIATE JUDGE LESTER

YEH v HSIAO [2023] NZHC 2577 [14 September 2023]

[1]        This matter was dealt with in the List on 14 September 2023. This judgment records the position effectively agreed by counsel at that call.

[2]        This proceeding is dismissed subject to the leave reserved below. There is an order that the notices of claim referred to in paragraphs 1(a)(i) and 1(a)(ii) of the application dated 2 August 2023 lapse and be removed from the relevant titles. The notice of claim referred to at paragraph 1(a)(iii) of the application (Claverley Gardens) is sustained until 5 May 2024 at which time it shall lapse unless there is a further order of the Court. Leave is reserved to the applicant to seek such an extension.

[3]        This  order  is  made  on  the  basis   that  the  undertaking   contained   in   Ms MacLean’s  letter  of  1 September 2023  has  been  given  to  the   Court   by   Ms MacLean at the hearing on 14 September 2023.

Costs

[4]Costs are reserved.

[5]        Ms MacLean confirmed her submissions on costs are in her memorandum of 11 September 2023. Mr Sun is to provide his submissions in response within five working days. Costs will then be dealt with on the papers.

Associate Judge Lester

Solicitors:

D’Arcy Thomson Law, Christchurch (for Applicant) Capstone Law Limited, Auckland (for Respondent)

Copy to counsel:
M Wallace, Barrister, Christchurch (for Applicant)