New Zealand Case Law: Decisions & Judgments

Topic

Deed of trust

Legal area

Court

20 Apr 2023

NEW WORLD (NEW ZEALAND) LTD v ZHANG [2023] NZHC 854

Citation

[2023] NZHC 854
Court

High Court

The Court held it lacked jurisdiction under s 96 to award District Court costs because the District Court judgment and charging order were removed rather than transferred; the Court awarded indemnity costs to Shaojun Wang in the High Court against New World pursuant to rr 14.6(4)(a) and (f) because New World had the material to assess Ms Wang's claim from May 2018, persisted in enforcement steps (charging order and sale) despite that material, failed to engage substantively with correspondence and thereby caused unnecessary expense; disbursements were also awarded and any dispute as to reason…
29 Jun 2022

SPILLANE v CORNWALL PARK TRUST BOARD [2022] NZHC 1527

Citation

[2022] NZHC 1527
Court

High Court

Plaintiff has standing. The Trust Board may lease the eastern portion only on terms that preserve the character of that area as at the time of the 1982 Act and that ensure its continued essential use principally for exhibitions, trade fairs and events (as at 1 January 1980); any filming or other activities on the eastern portion must be secondary to that principal use; the ATL as drafted does not ensure that limitation and therefore requires amendment or compliance to meet s 3(2).
6 Dec 2012

ROBERT LEE AND HELEN HEARD V GREGORY LEE HC ROT CIV 2010-463-000430

Citation

openlaw-7d3f0508_34fb_4c15_a482_92cffd670b9f.pdf
Court

High Court

The 2000 Deed was a variation/implementation of the 1997 arrangements and no new cause of action arose in 2000; the plaintiffs' cause of action accrued in 1997, the delay in prosecuting claims was excessive and prejudicial, plaintiffs failed to provide evidentiary basis (eg medical reports) to justify extension under s24 or to avoid application of equitable delay principles, accordingly the proceeding was struck out as frivolous, vexatious or an abuse of process and costs awarded to defendant.
13 Aug 2009

POUWHARE AND ORS V KRUGER AND ORS HC WN CIV-2009-485-976

Citation

openlaw-954964ff_2329_4ba2_bdea_6586c05edf18.pdf
Court

High Court

The court held that the proceedings are category 2 for costs purposes, that public interest and trust/fiduciary considerations did not justify departing from the ordinary rule that costs follow the event, and that there was no party conduct sufficient to alter that rule; accordingly costs were awarded to the first and second defendants jointly and to the third defendant on a 2B basis, assessed at 12.15 days, totaling $19,440.
18 Nov 2008

COOK NELSON STREET LEASEHOLD LIMITED V CASTLE PROPERTY MANAGERS LIMITED AND ANOR HC AK CIV 2008-404-693

Citation

openlaw-6552c6b7_2ac2_4510_bef4_9587316b795d.pdf
Court

High Court

The Court found that Castle had not completed documentation for refinancing or given required notice and that Cook validly exercised the Put Option; Castle defaulted on settlement on 2 April 2008 and Bryers is liable as guarantor, such that the defendants had no arguable defence to the claim and summary judgment was appropriate ordering payment of $1,935,000 plus default interest and costs.

New Zealand Case Law

NEW WORLD (NEW ZEALAND) LTD v ZHANG [2023] NZHC 854

SPILLANE v CORNWALL PARK TRUST BOARD [2022] NZHC 1527

ROBERT LEE AND HELEN HEARD V GREGORY LEE HC ROT CIV 2010-463-000430

POUWHARE AND ORS V KRUGER AND ORS HC WN CIV-2009-485-976

COOK NELSON STREET LEASEHOLD LIMITED V CASTLE PROPERTY MANAGERS LIMITED AND ANOR HC AK CIV 2008-404-693