In one of our firm’s success stories in litigation, our client, Negara Developments Limited (Negara) was awarded compensatory damages in trespass, as well as exemplary damages, against Hikurangi Forest Farms Limited (Hikurangi). Trespass was established on the grounds that Hikurangi had harvested pine trees on Negara’s land without right to do so. Background Hikurangi, a… Continue reading Outrageous and Reckless Trespass on Neighbouring Land: Hikurangi Forest Farms Limited v Negara Developments Limited [2018] NZHC 607
Author: mateja
Unlawful Occupiers Ousted – Summary Judgement Affirms Property Owners’ Rights Amidst Disputed Occupation: Prasad v Wharekawa [2019] NZDC 10247
Our firm successfully obtained a summary judgement for our clients in this curious case of unlawful possession. This case involved a property dispute between the plaintiffs, Mr Ravinai Prasad and Mrs Neelesh Chandra, and the defendants, Mr Abraham Wharewaka and Mrs Shirlena Julian. The plaintiffs were the registered owners of the property on the record… Continue reading Unlawful Occupiers Ousted – Summary Judgement Affirms Property Owners’ Rights Amidst Disputed Occupation: Prasad v Wharekawa [2019] NZDC 10247
Battle for Browns Bay – Potential Beneficiary Faces Off Against Trustee in High Court Property Dispute: Rawson v Prescott [2024] NZHC 1919
This case involved a complex property dispute between the plaintiff, Roy Rawson, and the defendant, Lucinda Prescott, our client. The property, located in Browns Bay, is held in the plaintiff’s family trust, of which the defendant is a potential beneficiary. Our firm successfully defended our client’s rights to occupy the property against summary judgement, with… Continue reading Battle for Browns Bay – Potential Beneficiary Faces Off Against Trustee in High Court Property Dispute: Rawson v Prescott [2024] NZHC 1919
A Will Shrouded in Controversy – Disputes Over Testamentary Capacity and Undue Influence: Lane v Li [2024] NZHC 3663
Lane v Li delves into the deeply contentious and emotionally charged dispute over the validity of a will made in the final weeks of the deceased, Frank Lane’s, life. At the heart of the matter lies a dramatic departure from the deceased’s will made in 2010, to a new will drafted on 8 April 2023… Continue reading A Will Shrouded in Controversy – Disputes Over Testamentary Capacity and Undue Influence: Lane v Li [2024] NZHC 3663
Why Are Divorce Lawyers So Expensive?
Ever wondered why divorce lawyers seem to cost so much? There are many reasons for the costs that go into hiring a divorce lawyer. These include the detailed knowledge and specific training needed in family law, as well as the many hours spent getting to know your case in detail. There’s a lot more to… Continue reading Why Are Divorce Lawyers So Expensive?
Unit Titles – Pre-Settlement Disclosure and Additional Disclosure Statements
In addition to pre-contract disclosure statements, the Unit Titles Act 2010 (Act) contains further requirements as to disclosure regarding any given unit. This disclosure comes in the form of a pre-settlement disclosure statement and an additional disclosure statement. Pre-settlement disclosure statement In the sale and purchase of a unit, section 147 of the Act states… Continue reading Unit Titles – Pre-Settlement Disclosure and Additional Disclosure Statements
Due Diligence When Buying a Unit Title
Conducting due diligence on a unit title is different to the due diligence that is carried out on other estates of property. This is because of the statutory disclosure obligations under the Unit Titles Act 2010 (Act) and the additional considerations that purchasers should be aware of when purchasing unit titles. Statutory Disclosure The Act… Continue reading Due Diligence When Buying a Unit Title
Transferring Trust Property to New and Continuing Trustees
When a new trustee of a trust is appointed, or an existing trustee retires or is removed, the trust’s property must be transferred from the existing trustee(s) to the continuing and new trustee(s). In other words, the trust property must be divested from the old trustee and vested in the new trustee(s). Nature of Trust… Continue reading Transferring Trust Property to New and Continuing Trustees
Relationship Property on the Death of a Partner or Spouse
When two people are married, civil union partners, or de facto partners, and one spouse or partner dies, the question arises of how to deal with their relationship property. The term “relationship property” is defined in section 8 of the Property (Relationships) Act 1976 (PRA) and includes the family home, family chattels, and other jointly… Continue reading Relationship Property on the Death of a Partner or Spouse
What Is a Will?
A will records the final instructions of a natural person (the will-maker) for disposing of their property when they die. It may also include the appointment of a testamentary guardian. A will is only valid if it complies with section 11 of the Wills Act 2007 (Wills Act) or is made by court order. A… Continue reading What Is a Will?