09 September 2016

Kawarau Falls: Ho v. Peninsular Road

Investors buying into stage one of ill-fated Kawarau Falls development in Queenstown do not have to pay up the Court of Appeal ruled because the full development was not completed as promised.  Refunds were ordered for deposits totalling $10 million dollars.  Creditors funding the project are now forced to resell apartments at prices below original sale values.
Funding issues have plagued the grandiose Kawarau Falls development which promised nearly one thousand extra tourist rooms, boosting Queenstown accommodation by nearly thirty per cent.  It was marketed as a three stage development with promised hotel and conference facility, luxury apartments and serviced apartments.  Seventy overseas buyers signed up for stage one each paying a ten per cent deposit.  Most buyers came from Singapore or Malaysia; none from New Zealand.
Sundry companies in control of the development are now in receivership, or liquidation, or both.  With insufficient working capital to complete the whole project, stage one and its seventy associated sale contracts were hived off into a series of separate companies in 2007 and then 2010 as extra funding was needed.  With stage one completed in April 2011, developers demanded buyers settle up on their purchases.  They refused.
The Court of Appeal ruled buyers are entitled to cancel their contracts and recover deposits paid.  It was an essential term of sale that all three stages of the development be completed, the Court said.  Pricing included a premium of up to 25 per cent to reflect the extensive facilities being available to buyers in a completed development.  With no progress on stages two and three the developers were in breach of contract.
A December 2010 court order prevented any deposits being released to developers before investors had their day in court.  Evidence was given that market values for stage one luxury apartments and serviced rooms have fallen since the original buyers signed up.
Ho v. Peninsular Road – Court of Appeal (9.09.16)

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