by Denise Marsden | Oct 15, 2012 | Building, General property Law
On 11 October 2012 the Supreme Court held that council owe a new duty of care. It has come about from the litigation about the Spencer on Byron development, which is leaky. The court by a 4-1 majority has held that the Court of Appeal was wrong to allow...
by Jourdan Griffin | Aug 29, 2012 | General property Law, Leasing
The government’s measures to increase their tax take through the targeting of the property industry looks set to continue. First we had the erosion of depreciation, followed by the changes to loss attributing qualifying companies. Now the government is proposing to...
by Denise Marsden | Aug 29, 2012 | General property Law, Unit Titles
The first is the Court of Appeal’s decision on 21 February 2012 in Atrium Management Limited v Quayside Trustee Limited (In receivership and liquidation). This case was concerned with an agreement for the sale and purchase of management rights. It...
by Denise Marsden | Aug 22, 2012 | Business Law, General property Law, Unit Titles
The Auckland High Court has issued its decision on the management agreement for the Sentinel Apartments in Takapuna. The body corporate was challenging the management arrangements put in place by the original developer. The Court concluded that the...
by Denise Marsden | Aug 21, 2012 | Cross-lease, General property Law, Sale and Purchase
Fee simple Fee simple ownership is true exclusive ownership and possession of the land and buildings on it. It’s ownership of what is below and above the ground (as is reasonable). Yes, others do get a say – for example the neighbours might have a say over...
by Debra Dorrington | Aug 21, 2012 | General property Law, Sale and Purchase
The recent Blue Chip Supreme Court decision will come as a huge relief to families up and down New Zealand. An argument had been made on behalf of numerous investors in Blue Chip schemes that Blue Chip had breached the requirements of the Securities Act. In signing...