Melco Property Holdings (NZ) Limited v Anthony John Hall - SC 64/2021

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Summary

Civil Appeal - Application for leave to bring an appeal

Result

A Leave to appeal is granted (Melco Property Holdings (NZ) 2012 Ltd v Hall [2021] NZCA 184).
B The approved question is whether the Court of Appeal was correct to dismiss the appeal.
3 September 2021
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A The application for leave to adduce new evidence (the email chain) is dismissed.
B The appeal is allowed. The decisions of the Court of Appeal and High Court refusing to sustain the caveat are set aside.
C Order made that caveat No. 11659182.1 lodged by Melco on 16 January 2020 over the title to the property at 5 Parliament Street, Lower Hutt (WN13A/124), not lapse.
D Costs are reserved.
06 May 2022
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A The respondent must pay the appellant costs in this Court of $22,500 plus usual disbursements.
B The costs award made in the Court of Appeal is quashed.  The appellant is awarded costs in that Court on a band A basis together with usual disbursements.
C The appellant is awarded costs in the High Court on a 2B basis together with reasonable disbursements, to be fixed by the Registrar if necessary.
24 August 2022

Date of Hearing

23 February 2022

Judges

William Young, Glazebrook, O'Regan, Ellen France, Williams JJ

Hearing Transcripts

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