Eastgate settlement
NZX RELEASE
12 August 2022
Eastgate settlement
Asset Plus advises that settlement of the Eastgate sale will not occur today, as had been previously
indicated.
The delay to settlement arises from a Building Act certificate sitting on both the principal Eastgate titles
and that of the adjoining McDonald’s restaurant (owned by McDonald’s New Zealand).
Such certificates require that the adjoining titles they relate to can only be sold together. After further
investigation, Asset Plus believes that the Building Act certificate should not include the adjoining
McDonald’s certificate and has applied to the Christchurch City Council to have the certificate removed
from the McDonald’s title on an urgent basis. Asset Plus has also engaged with McDonalds who support
removal of the certificate from their title.
As a result, Asset Plus is unable to transfer titles and complete settlement until the Building Act certificate
is no longer linked to the McDonald’s title.
Under the sale and purchase agreement, if the purchaser is ready, willing and able to settle and Asset
Plus is not, the purchaser can give a settlement notice requiring settlement to occur within 12 working
days of the notice. If no settlement notice is issued the contract will remain on foot until such time as
either party issues a settlement notice. Asset Plus will update the market further once a settlement notice
is issued or received.
If settlement does not occur within the 12 working day notice period, the purchaser can sue for specific
performance or cancel the agreement, have the deposit and net interest earned on it returned, and is
entitled to penalty interest from the original date of settlement to the date the deposit is repaid.
Based on review of the relevant property files, titles and preliminary advice from the company’s
consultants, Asset Plus currently believes this matter can be rectified within the 12 working day period,
and will continue updating the market as appropriate.
-ENDS-
For further information please contact:
Stephen Brown-Thomas Matthew Butt
Asset Plus Fund Manager Head of Investor Relations
Centuria NZ, Manager of Asset Plus Centuria NZ, Manager of Asset Plus
+64 9 300 6161 +64 9 300 6161
Data sourced from publicly available filings. Our datasets may not be complete. Automated analysis can produce errors. If you believe any data on this page is incorrect, please contact us at hello@nzxplorer.co.nz. For informational purposes only. Not investment advice.
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