READY MARK LIMITED V JILL GRANT HC AK CIV 2010-404-008264

READY MARK LIMITED V JILL GRANT HC AK CIV 2010-404-008264

The Court struck out the plaintiff's claims because the Family Court had already taken the alleged debts into account and valued them as irrecoverable in fixing relationship property entitlements; the plaintiff is the privy/alter ego of Mr Grant and therefore bound by that outcome; allowing the company to pursue...

Source-derived case information.

Citation
openlaw-cd2df2bf_a65f_4cdb_ae34_0b35f80ee7c2.pdf
Parties
Plaintiff: Ready Mark Limited; Defendant: Jill Grant
Court
High Court
Jurisdiction
New Zealand
Judgment Date
17 June 2011
Procedural Posture
High Court Civil Summary Judgment / Summary Judgment / Strike Out Hearing
Outcome
Summary judgment application dismissed; statement of claim struck out
Legal Topics
Summary Judgment, Res Judicata / Issue Estoppel, Valuation of Trust Assets, Relationship Property Division, Construction Payment Claim, Shareholders' Current Account, Abuse of Process, Strike Out
Family Law Property Law Trusts Construction Law Contract Law Civil Procedure Summary Judgment Res Judicata / Issue Estoppel +6 more

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Parties

Ready Mark Limited

Plaintiff

Jill Grant

Defendant

Procedural Posture

High Court Civil Summary Judgment / Summary Judgment / Strike Out Hearing

Legal Issues

  1. 1 Whether debts claimed by the company survived and are recoverable after the Family Court valuation and orders
  2. 2 Whether the company (plaintiff) is a privy/alter ego of Mr Grant such that it is bound by the Family Court outcome
  3. 3 Whether the plaintiff's claims are barred by res judicata/issue estoppel or constitute an abuse of process

Ratio Decidendi

The Court struck out the plaintiff's claims because the Family Court had already taken the alleged debts into account and valued them as irrecoverable in fixing relationship property entitlements; the plaintiff is the privy/alter ego of Mr Grant and therefore bound by that outcome; allowing the company to pursue these claims would unlawfully relitigate and upset the Family Court distribution and constitute an abuse of process.

Court Disposition

Summary judgment application dismissed; statement of claim struck out

Orders

  • Summary judgment claims dismissed and statement of claim struck out
  • Costs to be fixed on a category 2B basis together with disbursements as approved by the Registrar