New Zealand Case Law: Decisions & Judgments

Topic

Adjudication

Legal area

Court

8 Dec 2023

NEW ZEALAND BLOODSTOCK FINANCE & LEASING LIMITED v GREGORY JOHN JONES [2023] NZHC 3542

Citation

[2023] NZHC 3542
Court

High Court

The interlocutory application is dismissed: the Court will not re-open or re-litigate final determinations of the High Court, Court of Appeal and Supreme Court absent special circumstances (fraud/collusion/miscarriage of justice) which are not established here; the creditor has a reasonably arguable entitlement to adjudication under the Insolvency Act 2006 and the debtor's cross-claims and evidence applications are res judicata or inadmissible, so the summons/evidence application is refused and adjudication may proceed if debt unpaid by the specified date.
30 Nov 2023

REED ROADING LTD v HIGGINS CONTRACTORS LTD [2023] NZHC 3463

Citation

[2023] NZHC 3463
Court

High Court

The Court declined the mandatory interim injunction because on available evidence Higgins reasonably believed Reed would not be able to perform the Wind Farm works in compliance with the client's requirements (including health and safety) given prior performance and a serious site incident, Reed lacked a real prospect of obtaining specific performance, and the balance of convenience and overall justice favoured Higgins given client and third party risks and the impracticability of forcing co-operation between parties whose relationship had irretrievably broken down.
29 Nov 2023

THOMSON v SURCH [2023] NZHC 3419

Citation

[2023] NZHC 3419
Court

High Court

The debtor's unequivocal decision to apply for bankruptcy on the eve of the hearing, having asserted insolvency was not the case, amounted to vexatious/frivolous or improper conduct under r14.6(4)(a); indemnity costs were therefore justified and awarded in the sum claimed.
20 Nov 2023

LOAN INVESTMENT TRUSTEES LTD v DING [2023] NZHC 3288

Citation

[2023] NZHC 3288
Court

High Court

Application dismissed because the debtor did not establish a genuine, triable cross-claim equal to or greater than the judgment debt; his asserted intention to raise funds or obtain refunds in future does not satisfy the statutory requirements to set aside a bankruptcy notice under the Insolvency Act and relevant authorities.
4 Oct 2023

DEM HOME LTD v NEW GATE LTD [2023] NZHC 2709

Citation

[2023] NZHC 2709
Court

High Court

Payment Claim 2 met the formal statutory requirements of ss 20(2)-(4) CCA and was validly served; Dem Home failed to serve a payment schedule disputing the claim or New Gate's entitlement to issue it, therefore under s 22 CCA Dem Home became liable to pay and could not establish a substantial dispute under s 290(4)(a) Companies Act; Demasol requires entitlement/timing disputes to be raised by payment schedule, so the statutory demand could not be set aside.
13 Sept 2023

BIRCHLER v HOMEBUILD HOMES LIMITED [2023] NZHC 2547

Citation

[2023] NZHC 2547
Court

High Court

The payment claim complied with the Act and the appellants did not provide a payment schedule within the statutory period that stated a scheduled amount and reasons as required by s21; therefore the claimed amount became a due debt and summary judgment enforcing recovery (with interest, late fee and costs) was correctly entered; leave to appeal out of time was granted but the appeal was dismissed on the merits.
31 Jul 2023

NORRIS WARD McKINNON v SKELTON of Waimate North, Kaikohe [2023] NZHC 2016

Citation

[2023] NZHC 2016
Court

High Court

Debtor failed to discharge the onus under s37 to show adjudication should be refused: there is prima facie entitlement to adjudication (judgment debt and served bankruptcy notice), and the unsatisfactory explanations and evidence of potential asset disposals and unexplained proceeds justify Official Assignee investigation; debtor's health and circumstances do not outweigh the need for investigation, so the court will not refuse adjudication and the matter is to be listed for bankruptcy proceedings.
30 Jun 2023

STREET AND COOK CONSTRUCTION COMPANY LTD v CAMBRIDGE TERRACES LTD [2023] NZHC 1673

Citation

[2023] NZHC 1673
Court

High Court

The Kearneys fund was held in CTL's name under an undertaking that expressly referenced payment pursuant to a court order; s 79 of the Construction Contracts Act 2002 prevents CTL asserting a set-off against SCC's adjudication judgment in these recovery proceedings; SCC had given valid notice of arbitration so the engineer's formal decisions were not final and binding; the High Court may use its inherent jurisdiction to direct payment from the trust fund. Accordingly the interim charging order was made final and payment from the Kearneys fund to SCC was ordered; CTL's application for summary…
1 May 2023

G K SHAW LTD v GREEN & ANOR [2023] NZHC 1009

Citation

[2023] NZHC 1009
Court

High Court

Costs awarded to CentrePort on a 2B scale of $26,170.50 plus disbursements of $110; uplift refused because although the applicant's challenge was ultimately dismissed and involved a collateral challenge, the applicant acted reasonably in advancing a novel, arguable point and the threshold for increased costs was not met; certain claimed items for a second case management conference under item 10 were disallowed.
1 May 2023

WESTPAC NEW ZEALAND LIMITED v CHEN [2023] NZHC 998

Citation

[2023] NZHC 998
Court

High Court

The statutory requirements for adjudication were satisfied and the debtor failed to establish any substantive basis to decline adjudication; co-guarantor payments do not discharge the debtor's liability, the alleged creditor misconduct and claims of unfair practices were unproven or inapplicable, the debtor made no meaningful payments or asset disclosures, and adjudication was therefore ordered.