New Zealand Case Law: Decisions & Judgments

Topic

Conduct and distribution agreement

Legal area

Court

26 Jan 2021

BODY CORPORATE 207624 v GRIMSHAW & CO [2021] NZHC 16 (No.2)

Citation

[2021] NZHC 16
Court

High Court

Court ordered limited particulars: plaintiff must state in general terms what a replacement conduct and distribution agreement would have provided, which groups would be parties, and how non-signatories would be dealt with; refused to require detailed hypothetical terms or extensive searches of former committee members as disproportionate; directed experts to confer on the impact of local authority requirements on remediation cost increases; ordered the plaintiff to file a final updating affidavit of documents by 22 February 2021 including informal disclosures and specified documents, and ref…
29 Jan 2020

BODY CORPORATE 207624 v GRIMSHAW & CO [2020] NZHC 34

Citation

[2020] NZHC 34
Court

High Court

The court dismissed the Body Corporate's discovery application as insufficiently relevant and disproportionate: disclosure of Grimshaw & Co's other client distribution agreements and broad historic documents was unlikely to prove the pleaded negligence or causation; the interpleader pleadings/evidence and the body corporate's own records are the appropriate sources; instead the Body Corporate was ordered to file a further affidavit by 13 March 2020 identifying documents in its control and to make discovered documents available, with ongoing discovery obligations and leave reserved for further…
18 Apr 2016

Grimshaw & Co v Body Corporate 207624 [2016] NZHC 715

Citation

[2016] NZHC 715
Court

High Court

The Court exercised its rule 4.63 jurisdiction to authorise Grimshaw & Co to withdraw the funds held on interest, to pay its costs of $79,650.25 and the Body Corporate's implementation costs of $46,082.02 from the fund, to declare the net settlement funds (principal $20,050,000 plus interest less specified costs), and to direct distribution of 80% to the Body Corporate and 20% to second plaintiffs in accordance with the adjusted unit entitlements and annexed schedule, with specified procedural steps for serving and approving the proposed payments and with Grimshaw discharged from further clai…

New Zealand Case Law

BODY CORPORATE 207624 v GRIMSHAW & CO [2021] NZHC 16 (No.2)

BODY CORPORATE 207624 v GRIMSHAW & CO [2020] NZHC 34

Grimshaw & Co v Body Corporate 207624 [2016] NZHC 715