New Zealand Case Law: Decisions & Judgments

Topic

Authority of agents

Legal area

Court

1 Apr 2019

KOOIMAN v FM CUSTODIANS LIMITED [2019] NZCA 76

Citation

[2019] NZCA 76
Court

Court of Appeal

The Court held the respondent's affidavit evidence (Mr Russell) and the solicitors' warrant under the Rules sufficiently established Hutchison's authority to act for FM Custodians Ltd; speculative challenges and absence of primary delegation documents did not undermine the summary judgment or justify setting aside the bankruptcy notice; no prejudice was shown; appeal dismissed and indemnity costs awarded.
29 May 2015

CHAMKO HOLDINGS LIMITED v ECCO PACIFIC LIMITED [2015] NZHC 1186

Citation

[2015] NZHC 1186
Court

High Court

On the summary judgment record the 21 May 2014 email could not be objectively construed as clear and unequivocal notice of exercise of the contractual renewal right and there was insufficient evidence that the sender had actual or apparent authority to bind Ecco; the alleged agreement also failed the statutory writing requirement or, alternatively, the conduct relied on was consistent with a periodic tenancy and ongoing rent review negotiations, so summary judgment was not appropriate.
21 Oct 2014

GMO v THE FAMILY COURT AT AUCKLAND [2014] NZHC 2579

Citation

[2014] NZHC 2579
Court

High Court

The Court found that a concluded construction contract and an accompanying arbitration agreement existed: acceptance was effectively communicated through authorised agents and email exchanges (notably the 1 March correspondence and the 29 April/2 May exchanges), and subsequent conduct confirmed consensus; accordingly New Core's application to dismiss the appearance under protest failed and the proceedings were stayed and referred to arbitration.
8 Jul 2011

WEI WEI NING V JOHNSON GROUP NZ LTD HC AK CIV-2011-404-001932

Citation

openlaw-30176c65_5a35_477a_a49a_70f73acbee46.pdf
Court

High Court

Although the company has an arguable defence that the written loan was entered into by an unauthorised employee, the plaintiff produced objective evidence that $20,000 was paid into the company's account; that gives rise to a restitutionary obligation (money had and received) which constitutes an indisputable liability for the $20,000; failure to comply with the statutory demand therefore raised the presumption of insolvency and no basis existed to refuse winding-up on the merits, subject to the court's discretion which was exercised by adjourning on receipt of payment.
1 Nov 2010

VINCENT STREET TRUSTEE LTD V G JACKSON AND N JACKSON HC AK CIV-2009-404-008236

Citation

openlaw-c85e9258_e004_493f_9837_df52a1494c88.pdf
Court

High Court

The Court held that discovery of complaints by other purchasers (category a) was not required because the plaintiff admitted the statements were made and such complaints were not necessary to prove falsity; however, documents concerning the plaintiff's marketing plan and related materials (including documents in agents' or sub-agents' possession) and documents about the nature and scope of agents' authority (categories b and c) are relevant and must be discovered because they bear on marketing practices and the authority to make financial representations. Plaintiff must file an affidavit of d…
15 Jun 2009

MCEWAN (2003) LIMITED V SHARP TUDHOPE HC TAU CIV 2007-470-654

Citation

openlaw-b889c688_70bb_4670_ae1b_c657b98c4946.pdf
Court

High Court

Sharp Tudhope breached their duty by failing to ensure enforceable personal guarantees were obtained as part of the settlement; Mrs Campbell lacked actual and ostensible authority to bind the other directors personally and Mr Crombie did not give an assurance that cured that lack of authority; the negligence caused a loss of a chance to recover against the directors and damages are assessed at NZD100,000.

New Zealand Case Law

KOOIMAN v FM CUSTODIANS LIMITED [2019] NZCA 76

CHAMKO HOLDINGS LIMITED v ECCO PACIFIC LIMITED [2015] NZHC 1186

GMO v THE FAMILY COURT AT AUCKLAND [2014] NZHC 2579

WEI WEI NING V JOHNSON GROUP NZ LTD HC AK CIV-2011-404-001932

VINCENT STREET TRUSTEE LTD V G JACKSON AND N JACKSON HC AK CIV-2009-404-008236

MCEWAN (2003) LIMITED V SHARP TUDHOPE HC TAU CIV 2007-470-654