Queenstown adventure tourism pioneer Henry van Asch successfully applied for an interim injunction preventing the $21m sale and purchase agreement for Kingston Station from being cancelled, a recent High Court decision shows.
Mr van Asch urgently sought the injunction after a condition of the sale — Land Information New Zealand giving consent to the transfer of the leasehold property by May 7 — was not met.
In her decision, Justice Lisa Preston said Kingston Station Ltd (KSL) had declined to extend the time for the condition to be satisfied.
The application was referred to her as duty judge while she was involved in other cases.
She had arranged a brief teleconference to find out whether KSL would agree to a time extension, but its legal counsel had been unable to contact his client.
She granted the application on the basis it was unlikely to prejudice KSL.
She noted Mr van Asch had already lodged caveats against the property preventing its transfer to any other party in the meantime.
‘‘I consider it preferable to put in place orders to preserve the position until [Mr van Asch’s] application can be addressed on a fully-argued basis,’’ she said.
‘‘Whether the matters relied on by [Mr van Asch’s] counsel will ultimately mean the orders will be maintained, will have to await full argument.’’
The next two court hearings for the matter are scheduled in August and September.
The vast high country station, owned by Tim Tayler, extends from the Kingston township over the Hector Mountains and into the Nevis Valley.
