New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Deed of acknowledgment of debt

Legal area

Court

12 Jun 2023

MALLON v GRIFFITHS [2023] NZHC 1371

Citation

[2023] NZHC 1371
Court

High Court

On the evidence the applicants established an arguable case that their contributions and the parties' joint family project to build an extension for the Mallons' retirement gave rise to a constructive trust and thus a caveatable beneficial interest; removal or lapse of the caveat would prejudice those legitimate interests given extant Family Court proceedings, so the Court declined to exercise its discretion to remove the caveat and ordered it to stand pending further order.
21 Sept 2020

WANG v WANG [2020] NZHC 2454

Citation

[2020] NZHC 2454
Court

High Court

The Deed was held authentic because the plaintiff produced the Deed and the signature matched the defendant's signature; the defendant made a serious allegation of fraud but produced no evidence to substantiate it or the alleged one-page agreement or any quantification of set-off; accordingly there was no real defence and summary judgment was entered for the plaintiff for $607,545 plus costs.