New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Assignment of chose in action

Legal area

Court

10 Mar 2021

KS GARDENS LIMITED v HER MAJESTY THE QUEEN IN RIGHT OF THE GOVERNMENT OF NEW ZEALAND [2021] NZHC 453

Citation

[2021] NZHC 453
Court

High Court

The sale agreement, on its proper construction, assigned the vendor's EQC claim to the Crown and clause 26.2 unambiguously preserved the Crown's discretion not to pursue recovery; a term obliging the Crown to pursue the claim cannot be implied without contradicting express terms and therefore cannot be read into the contract; the estoppel cause fails as it rests on the same illogical premise; factual evidence shows the Crown took steps to advance the claim and the plaintiff cannot establish a viable loss greater than the purchase price; summary judgment for the defendant is appropriate.
28 Jul 2014

STUART v PIETERS [2014] NZHC 1760

Citation

[2014] NZHC 1760
Court

High Court

Given the insolvency profile of the trust asset, the parties' agreement and the best interests of the infant beneficiaries, the court ordered that the administrator satisfy the s77 entitlement by distribution of cash and by assignment of 68% of the estate's debt to Ms Pieters with 32% assigned to Ms Pieters to be held on statutory trust for the children, and made s75 bars, a declaration of the debt amount and removal of the caveat to conclude the administration.