Westpac New Zealand Limited v Heslip

IN THE HIGH COURT OF NEW ZEALAND TIMARU REGISTRY

I TE KŌTI MATUA O AOTEAROA TE TIHI-O-MARU ROHE

CIV-2024-476-026

[2024] NZHC 2417

UNDER the High Court Rules 2016

IN THE MATTER

of an application to remove caveat under section 142 of the Land Transfer Act 2017

BETWEEN

WESTPAC NEW ZEALAND LIMITED

Applicant

AND

DANIEL ALLEN HESLIP

Respondent

Hearing: 27 August 2024 (by AVL)

Appearances:

C T Jolliffe and Ms Judson for Applicant No appearance by Respondent

Judgment:

27 August 2024

RESULTS JUDGMENT OF ASSOCIATE JUDGE LESTER

WESTPAC NEW ZEALAND LIMITED v HESLIP [2024] NZHC 2417 [27 August 2024]

[1] Westpac New Zealand Limited’s (Westpac) application to remove the caveats lodged by Daniel Heslip came on for hearing on the morning of 27 August 2024.

[2] The parties had been granted leave to attend by AVL but it was made clear to Mr Heslip that it was his responsibility to ensure that he could connect to the hearing and if there was any doubt as to his ability to do so, then he was to appear in person at the Timaru Court. The Timaru Court was open and available for Mr Heslip to appear but he did not do so and nor did he join the hearing by AVL. Mr Heslip’s belated communication to the Registry that he was having difficulty connecting was not a valid reason for him not appearing when I had made it clear in an earlier Minute that it was Mr Heslip’s responsibility to ensure that he could connect to the AVL hearing or to appear in person if there was any doubt in that regard.

[3] In any event, I had read Mr Heslip’s submissions along with those of Ms Jolliffe filed for Westpac.

[4]I am satisfied that it is appropriate to make the orders sought by Westpac.

[5] Accordingly, a Results Judgment was given at the conclusion of the AVL hearing, that is, judgment was given for Westpac in terms of paras [1(a)] and [1(d)] of Westpac’s originating application dated 9 August 2024.

[6] The relief sought in para [1(b)] was not granted and the application in that regard is adjourned.

[7]A full Reasons Judgment will follow.

Associate Judge Lester
Solicitors:
Anthony Harper, Christchurch

Copy to: Mr Heslip

CaseChat Overview and Summary

Westpac New Zealand Limited applied to the High Court to remove certain caveats that Daniel Heslip had lodged. The application was heard on 27 August 2024 by Associate Judge Lester. Mr Heslip did not attend or connect to the hearing despite being advised of his responsibility to ensure he could do so. The court noted that Mr Heslip's late communication about his connection issues was not a valid excuse for his non-attendance.

The legal issues before the court involved whether the caveats should be removed and if the relief sought by Westpac should be granted. The court reviewed the submissions made by Westpac's representatives and Mr Heslip's submissions. Associate Judge Lester concluded that the orders sought by Westpac were appropriate, leading to the removal of the caveats as per the terms of Westpac's originating application dated 9 August 2024.

In the Results Judgment, the court granted Westpac's application to remove the caveats. However, the relief sought in another part of the application was not granted and was adjourned for further consideration. A full Reasons Judgment will be provided later.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

UNDER	the High Court Rules 2016
IN THE MATTER	of an application to remove caveat under section 142 of the Land Transfer Act 2017
BETWEEN	WESTPAC NEW ZEALAND LIMITED Applicant
AND	DANIEL ALLEN HESLIP Respondent

Hearing:	27 August 2024 (by AVL)
Appearances:	C T Jolliffe and Ms Judson for Applicant No appearance by Respondent
Judgment:	27 August 2024