06 October 2015

Caveat: Watherston v. Kaikoura Pastoral

The current owner of a North Canterbury farm previously owned by Charles Upham VC can sell over the top of a caveat lodged by the financially-pressed prior owner Richard Watherston who claims he has a right of first refusal on any further sale.
Mr Watherston purchased Upham’s 237 hectare Rocky Peaks farm near Kaikoura back in 1988.  He did intend to develop a business park on part of the farm but plans stalled.  The High Court was told Mr Watherston’s personal assets were put into receivership in May 2013 by PGG Wrightson.  This receivership included his interest in Rocky Peaks.  Seven months later the farm was sold to a syndicate called Thompson Property Group for $1.9 million.  On the sale, Thompson Property agreed to a joint venture with Mr Watherston; leaving him in charge of farming operations and giving him right of first refusal to buy back Rocky Peaks.   
Mr Watherston registered a caveat over titles to Rocky Peaks in February 2015, having got wind of a proposed sale.  A caveat blocks any registrations against the title.  Justice Dunningham ordered that the caveat lapse.  Thompson Property had a buyer willing to pay $2.28 million for Rocky Peaks.  The farm was offered to Mr Watherston at this price but he was unable to pay, the court was told.  PGG Wrightson is still owed $1.8 million in Mr Watherston’s receivership. 
Watherston v. Kaikoura Pastoral  - High Court (6.10.150

15.110