New Zealand Case Law: Decisions & Judgments

Topic

Assumption of debt

Legal area

Court

31 Aug 2020

SINGH v PATEL [2020] NZHC 2242

Citation

[2020] NZHC 2242
Court

High Court

Plaintiff's claims were dismissed because there was no evidence the company maintained or that anyone entered the alleged transfers in STA's share register; lodging notices with the Companies Registrar alone did not divest the plaintiff of legal ownership, so conversion was not established; unlawful means claim failed for lack of intention to harm; and no enforceable personal assumption of debt by Mrs Patel existed.
16 Mar 2007

WAKAPATU BEACHSIDE ESTATES LIMITED V NOEL BONISCH QUEENSTOWN LIMITED HC INV CIV-2006-425-000458

Citation

openlaw-ca8f44ac_48c5_41b1_9aec_c0d3b8f0d0b5.pdf
Court

High Court

The application to set aside the statutory demand was dismissed because the evidence established that WBEL, by representation and conduct (including reissued invoices and altered client records), assumed liability for the surveying invoices, and WBEL/Marsh failed to file responsive affidavits or evidence of solvency or a genuine dispute.
18 Dec 2006

PORTERFIELD V CASH STOP FINANCE LIMITED HC CHCH CIV-2006-409-001816

Citation

openlaw-22da735c_e6ca_49eb_a45d_2ad09d7c02ae.pdf
Court

High Court

The company, Cash Stop Finance Limited, had by agreement assumed responsibility for the debt and offered no arguable defence; the absence of completed security documents did not absolve the company, therefore the liquidation application was not unsustainable, but was adjourned to allow a short period for payment.

New Zealand Case Law

SINGH v PATEL [2020] NZHC 2242

WAKAPATU BEACHSIDE ESTATES LIMITED V NOEL BONISCH QUEENSTOWN LIMITED HC INV CIV-2006-425-000458

PORTERFIELD V CASH STOP FINANCE LIMITED HC CHCH CIV-2006-409-001816