Reported Cases

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Phillip Rice Phillip Rice

ROKE REALTY LTD V MALONES LTD (2013) 15 NZCPR 8;[2013] NZHC 2520

Acting for a tavern in defending a claim by the purchaser of the premises from a mortgagee that it was not bound by a variation to the lease reducing the rent as the mortgagee had not consented to the lease. The High Court held that the new owner, having elected to take the premises subject to the existing lease, was bound by the lease as varied.

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Phillip Rice Phillip Rice

BRKIC V WHITE [2021] NZFLR 840; [2021]NZCA 670

Appeal concerning whether powers granted to a settlor of a trust were so extensive as to amount to ownership of the trust’s assets entitling a creditor to a charge over the trust’s land.

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Phillip Rice Phillip Rice

MANGAWHAI DEVELOPMENTS LTD (IN REC)V ROLLS [2011] BCL 829

Acting for the receiver of a development company seeking specific performance of a multitude of sale and purchase agreements. The purchasers sought cancellation of their agreements based on alleged misrepresentations and breaches of warranty.

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Phillip Rice Phillip Rice

WHITE V BRKIC [2019] NZCA 51

Acting for trustees of an estate in defending a proceeding brought by the aero club for declarations that it had a license to use the estate land as an airstrip.

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