New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Constructive vs actual knowledge

Legal area

Court

28 Nov 2023

CBRE (AGENCY) LTD v WARNER [2023] NZHC 3401

Citation

[2023] NZHC 3401
Court

High Court

The Court ordered further discovery steps: CBRE must file a detailed affidavit explaining the deletion/backups/retrieval of Mr Davies' emails within 10 working days; leave to amend the counterclaim was granted in part allowing additional negligence particulars and an allegation that Grand Arc was 'interested in acquiring land around the property' (actual knowledge pleaded) but refused to permit pleading of constructive knowledge because particulars were not provided; timetable was amended and costs ordered to lie where they fall unless an application is made within five working days.
8 Oct 2004

ASB BANK LTD V DAVIDSON And Ors CA CA95/03

Citation

openlaw-b829c184_b1ed_4c79_8284_1a97e92be197.pdf
Court

Court of Appeal

The Court held that the trustees (as the customer acting unanimously) were not liable for breach of the notification/representation obligations because two trustees lacked actual knowledge and constructive knowledge by deemed delivery was not established; however, the Deed of Guarantee and Indemnity (clause 2.3) was unambiguously drafted to create an independent indemnity which extended to cover amounts not recoverable from the trustees because of lack of authority of a trustee, so Mr and Mrs Davidson are jointly and severally liable to indemnify ASB for the bank's loss under the third letter…