LUCINA INVESTMENTS LTD AND ANOR V DHIRENDRA SINGH AND ORS HC AK CIV2007-404-3674

LUCINA INVESTMENTS LTD AND ANOR V DHIRENDRA SINGH AND ORS HC AK CIV2007-404-3674

The application under r160 succeeds: the third party notices are set aside and the second defendant's statement of claim against the third parties is dismissed on the merits because the claims are barred by issue estoppel given prior findings by Williams J, and in any event the Fair Trading Act and duty of care causes are hopelessly deficient for lack of proper pleading and causation.

Citation
openlaw-62e9fa21_cc21_47ff_a4a4_603a18b4d3d8.pdf
Parties
First Plaintiff: Lucina Investments Ltd; Second Plaintiff: Just Investments Limited; First Defendant: Dhirendra Singh; Second Defendant: Richard Rajesh Kumar; Third Defendant: Anjila Devi Kumar; First Third Party: Warwick Neville White; Second Third Party: Keith Berman
Court
High Court
Jurisdiction
New Zealand
Judgment Date
18 November 2008
Procedural Posture
High Court Civil Proceeding / Application Under R160 to Set Aside Third Party Notice; Reserved Judgment Delivered
Outcome
Second defendant's third party notices set aside; second defendant's statement of claim against the third parties dismissed on the merits; third parties awarded costs
Legal Topics
Third Party Notice, Rule 160, Issue Estoppel, Abuse of Process, Striking Out, Costs Orders, Injunctions, Relief Against Forfeiture
Fair Trading Act Contract Civil Procedure Tort (duty of Care) Issue Estoppel/abuse of Process Third Party Notice Rule 160 Issue Estoppel +5 more

Case Brief

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Parties

Lucina Investments Ltd

First Plaintiff

Just Investments Limited

Second Plaintiff

Dhirendra Singh

First Defendant

Richard Rajesh Kumar

Second Defendant

Anjila Devi Kumar

Third Defendant

Warwick Neville White

First Third Party

Keith Berman

Second Third Party

Procedural Posture

High Court Civil Proceeding / Application Under R160 to Set Aside Third Party Notice; Reserved Judgment Delivered

Legal Issues

  1. 1 Whether the second defendant's third party claim against the third parties is tenable
  2. 2 Whether issue estoppel precludes re-litigation of facts determined in prior High Court judgment
  3. 3 Whether the Fair Trading Act causes of action are properly pleaded and maintainable

Ratio Decidendi

The application under r160 succeeds: the third party notices are set aside and the second defendant's statement of claim against the third parties is dismissed on the merits because the claims are barred by issue estoppel given prior findings by Williams J, and in any event the Fair Trading Act and duty of care causes are hopelessly deficient for lack of proper pleading and causation.

Court Disposition

Second defendant's third party notices set aside; second defendant's statement of claim against the third parties dismissed on the merits; third parties awarded costs

Orders

  • The second defendant's third party notices are set aside and his statement of claim against the third parties is dismissed on the merits
  • Third parties are entitled to costs against the second defendant on a 2B basis plus disbursements as fixed by the Registrar