New Zealand Case Law: Decisions & Judgments

Topic

Accounting and tracing

Legal area

Court

10 Dec 2019

ZHENG v DENG [2019] NZHC 3236

Citation

[2019] NZHC 3236
Court

High Court

The pleaded partnership and joint venture claims were rejected: the parties conducted business through multiple companies and the corporate form, contemporaneous external records and absence of essential fiduciary features (mutual loyalty, reliance and trust) outweighed the internal accounts; internal accounts were unreliable, opaque and insufficient to displace the corporate structure; Partnership Act s4(2) precluded partnership where parties were members of same company during material periods; no constructive trust or contract breach proved in relation to Bella Vista lots; loan and unjust…
9 Oct 2019

PERERA v SINGH [2019] NZHC 2571

Citation

[2019] NZHC 2571
Court

High Court

The oral Agency Agreement and the later Power of Attorney/Deed created fiduciary obligations owed by the defendants to the plaintiff; defendants breached those duties by making numerous unauthorised withdrawals and transfers, failing to account and pay over rental income, improperly withdrawing insurance funds and failing to pay premiums and maintain adequate accounts; the relationship was not a binding commercial contract for Limitation Act purposes; equitable compensation was appropriate to restore plaintiff to the position he would have occupied but for the breaches and the court awarded d…
10 Apr 2014

ENDEAVOUR GLASS PACKAGING LTD v FRASER [2014] NZHC 756

Citation

[2014] NZHC 756
Court

High Court

Evidence from forensic accountant (Weber) and former employee (McNeilage), supported by bank records, established that GCS received $4,613,000 from EGP/EPP to which it was not entitled; Fraser engineered and facilitated those transfers in breach of his statutory and common law duties, and therefore both GCS and Fraser are liable to repay $4,613,000 to the plaintiffs with interest and costs.
18 Feb 2011

VICTORIA ST APARTMENTS LTD (IN LIQ) V SHARMA HC AK CIV-2009-404-008377

Citation

openlaw-40a208f0_c489_4cb9_b459_9d27bf0c95b7.pdf
Court

High Court

Application dismissed because on the pleadings the independent accountant's mandate in the 2975 proceedings did not extend to transactions involving Victoria Street Apartments Ltd; therefore the issues between the defendants and Mr Watt will not be resolved in CIV-2006-404-2975 and a stay or strike‑out would be unjustified and prejudicial to the defendants, particularly given practical delays and funding difficulties in the 2975 proceedings.
16 Jan 2006

TEAM BARRY AND ORS V TUA AND ORS HC AK CIV.2003-404-5593

Citation

openlaw-a667d6aa_40a9_486d_9a47_645161d5dc29.pdf
Court

High Court

The trustees' application to remove the caveat was dismissed because substantial disputes remained about the provenance, quantum and status (loan or otherwise) of funds applied to O'Neills Avenue, and about the trustees' knowledge such that a constructive trust could not be dismissed on interlocutory evidence; prior interlocutory orders requiring fight proceeds to be held were rescinded because the plaintiffs accepted the Exclusive Management Agreement ended on 10 October 2003; applications for sanctions for breach of those orders were dismissed accordingly; directions were given for re‑plead…

New Zealand Case Law

ZHENG v DENG [2019] NZHC 3236

PERERA v SINGH [2019] NZHC 2571

ENDEAVOUR GLASS PACKAGING LTD v FRASER [2014] NZHC 756

VICTORIA ST APARTMENTS LTD (IN LIQ) V SHARMA HC AK CIV-2009-404-008377

TEAM BARRY AND ORS V TUA AND ORS HC AK CIV.2003-404-5593