New Zealand Case Law: Decisions & Judgments

Topic

Delay and discretion

Legal area

Court

19 Mar 2018

COMMISSIONER OF POLICE v MARWOOD [2018] NZHC 458

Citation

[2018] NZHC 458
Court

High Court

The court balanced the Commissioner's interest in preserving asset value against owners' interests, found depreciation over the likely short interval modest but storage costs significant relative to value, treated delay as broadly neutral given evidentiary history, and therefore ordered sale under s 35(e)(v) while declining to reimburse past storage costs; net proceeds (less reasonable sale costs) to be retained by the Official Assignee on interest-bearing deposit pending the substantive proceeding.
15 May 2015

AYSE BRUMMER v ANNE-MARIE MURREL [2015] NZHC 1036

Citation

[2015] NZHC 1036
Court

High Court

Summary judgment was entered in part because defendant had no arguable defence to liability under s52 for having obtained and controlled estate vehicles and must account; limited set‑offs were allowed as either established or reasonably arguable and disputed set‑offs and excess valuation of the Oldsmobile must go to trial; leave to join third parties was refused because of delay, lack of evidence of third parties' ability to pay and the need not to permit wrongful meddling in estates to delay accounting.
22 Aug 2008

LOCKE V LOCKE HC AK CIV2007-404-5312

Citation

openlaw-5415c5c1_766d_4002_b86d_7d1060dc7b46.pdf
Court

High Court

The transfer, being voluntary and unexplained, gives rise to a reasonably arguable presumption of a resulting trust such that the applicant has a caveatable proprietary interest; the court will therefore extend the interim order preserving the caveat because the applicant has established an arguable case and the applicant's unexplained delay does not at this stage justify removal in the absence of demonstrated prejudice to the respondent.

New Zealand Case Law

COMMISSIONER OF POLICE v MARWOOD [2018] NZHC 458

AYSE BRUMMER v ANNE-MARIE MURREL [2015] NZHC 1036

LOCKE V LOCKE HC AK CIV2007-404-5312