PERROT-HUNT v JOHNSTON [2017] NZHC 689

PERROT-HUNT v JOHNSTON [2017] NZHC 689

Summary judgment was dismissed because the defendant did not satisfy the Court that none of the causes of action could succeed (notably those arising from his conduct as a partner of Corban Revell); however, the pleadings disclosed no tenable cause of action against him in his capacity as principal of Central Park Legal Limited, so those parts were struck out.

Citation
[2017] NZHC 689
Parties
First Plaintiff: Matthew Neil Perrot-Hunt; Second Plaintiff: HUNT FT LIMITED; Second Plaintiff: Debra Cecilia Holtom; First Defendant: Edward Errol Johnston; Second Defendant: Ed Johnston & Co Trustees Limited; Third Defendant: Ronald Bruce Johnson; Third Defendant: John Kahukiwa; Third Defendant: Lawrence Ponniah trading as Corban Revell; Fourth Defendant: Ronald Bruce Johnson; Fifth Defendant: Ross Jams Farron; Fifth Defendant: James Robert Arthur Nash; Sixth Defendant: Ross James Farron
Court
High Court
Jurisdiction
New Zealand
Judgment Date
11 April 2017
Procedural Posture
Civil Trusts and Professional Negligence / Summary Judgment and Strike Out Hearing (pre Trial)
Outcome
Application for summary judgment dismissed; pleadings against Ronald Bruce Johnson as principal of Central Park Legal Limited struck out; costs awarded to fourth defendant; directions for amended pleading and case management conference.
Legal Topics
Summary Judgment, Strike Out, Breach of Fiduciary Duty, Conspiracy by Unlawful Means, Case Management
Trusts Fiduciary Duties Professional Negligence Civil Conspiracy Civil Procedure Summary Judgment Strike Out Breach of Fiduciary Duty +2 more

Case Brief

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Parties

Matthew Neil Perrot-Hunt

First Plaintiff

HUNT FT LIMITED

Second Plaintiff

Debra Cecilia Holtom

Second Plaintiff

Edward Errol Johnston

First Defendant

Ed Johnston & Co Trustees Limited

Second Defendant

Ronald Bruce Johnson

Third Defendant

John Kahukiwa

Third Defendant

Lawrence Ponniah trading as Corban Revell

Third Defendant

Ronald Bruce Johnson

Fourth Defendant

Ross Jams Farron

Fifth Defendant

James Robert Arthur Nash

Fifth Defendant

Ross James Farron

Sixth Defendant

Procedural Posture

Civil Trusts and Professional Negligence / Summary Judgment and Strike Out Hearing (pre Trial)

Legal Issues

  1. 1 Whether alleged wrongful acts occurred while defendant was principal of Central Park Legal Ltd
  2. 2 Whether defendant can obtain summary judgment under r12.2 when sued in multiple capacities
  3. 3 Whether the pleading discloses a tenable cause of action against defendant in his capacity as principal of Central Park Legal Ltd

Ratio Decidendi

Summary judgment was dismissed because the defendant did not satisfy the Court that none of the causes of action could succeed (notably those arising from his conduct as a partner of Corban Revell); however, the pleadings disclosed no tenable cause of action against him in his capacity as principal of Central Park Legal Limited, so those parts were struck out.

Court Disposition

Application for summary judgment dismissed; pleadings against Ronald Bruce Johnson as principal of Central Park Legal Limited struck out; costs awarded to fourth defendant; directions for amended pleading and case management conference.

Orders

  • The application for summary judgment is dismissed.
  • The pleadings against Mr Bruce Johnson as principal of Central Park Legal Limited are struck out.