New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Declaratory judgment procedure

Legal area

Court

29 Apr 2015

SATTERTHWAITE v GOUGH HOLDINGS LTD [2015] NZCA 130

Citation

[2015] NZCA 130
Court

Court of Appeal

The phrase 'no person shall be appointed' in cl 3(c) of the third schedule refers to the act of appointment (the time of appointment), not a continuing status; dictionaries and the Companies Act usage support the ordinary meaning, internal and external context do not justify a strained 'term of appointment' reading, and the 'term' reading would produce unworkable governance consequences; accordingly the High Court declaration was set aside and the appeal allowed.
8 Mar 2011

TRUSTEES EXECUTORS LIMITED V QBE INSURANCE (INTERNATIONAL) LIMITED COA CA671/2009

Citation

COA CA671/2009
Court

Court of Appeal

Recall was declined because the applicant had notice and opportunity to address costs (including the respondent's claim for complex costs), the Court signalled concerns about the declaratory procedure at hearing, the respondent had to address all issues and was therefore wholly successful for costs purposes, and no special circumstances justified recalling the judgment.