New Zealand Case Law: Decisions & Judgments

Topic

Economic duress

Legal area

Court

24 Aug 2023

FEEDBACK ASAP PROPRIETARY LIMITED v BIG EARS LIMITED [2023] NZHC 2311

Citation

[2023] NZHC 2311
Court

High Court

There was a serious question that an implied long-term agreement required reasonable notice (likely three months) and Big Ears' four‑day notice risked causing irremediable prejudice to Feedback; balancing prejudice and remedies (including Feedback's undertakings as to damages and jurisdiction) the court granted an interim injunction preserving services including enhanced features until 15 October 2023 on specified terms to allow an orderly transition.
17 Jul 2023

HEARTLAND BANK LIMITED v KIWI FLAVOUR INFUSIONS LIMITED [2023] NZHC 1849

Citation

[2023] NZHC 1849
Court

High Court

The application to set aside the default summary judgment was dismissed because the defendant failed to demonstrate a substantial ground of defence based on oppression or economic duress, the contemporaneous documents and evidence did not support the claimed coercion, defendant had alternatives and independent advice, and the lengthy unexplained delay in bringing the application weighed against setting aside the judgment.
31 May 2019

DOLD v MURPHY [2019] NZHC 1232

Citation

[2019] NZHC 1232
Court

High Court

The plaintiffs' claims failed: the Shareholders' Agreement did not impose contractual obligations preventing an individual shareholder from stipulating terms of sale or from seeking additional payment; the agreement's unanimity and no‑partnership clauses precluded finding a fiduciary duty that barred the demand; although the defendant may have owed fiduciary duties as sellers' representative, plaintiffs produced insufficient evidence that those duties were breached in obtaining the rollover allocation; and there was no economic duress because the pressure was not illegitimate and the plaintif…
15 Mar 2018

HORNSBY v HAINES [2018] NZHC 416

Citation

[2018] NZHC 416
Court

High Court

The High Court held there was no illegitimate pressure because the PLA notice related to a legitimate debt and Hornsby had realistic alternatives and independent advice; Hornsby signed the July and August 2008 agreements in at least a personal capacity and thus was personally liable; the District Court’s principal should be reduced by recorded payments of $9,000; interest at 10% runs from 5 May 2009 to judgment with statutory rate thereafter.
25 Jul 2017

PERTRONIC INDUSTRIES LTD v NATHAN [2017] NZHC 1726

Citation

[2017] NZHC 1726
Court

High Court

The guarantee was entered voluntarily and with opportunity to obtain independent advice; contemporaneous email evidence showed the defendant's assent; the pressure was commercial and legitimate (a choice between unwelcome alternatives), so economic duress was not established and no arguable defence existed; summary judgment was therefore appropriate and entered for the plaintiff.
19 Jun 2017

HORNSBY v HAINES [2017] NZHC 1347

Citation

[2017] NZHC 1347
Court

High Court

Special leave to extend time was granted because the applicant provided an acceptable explanation for delay (medical incapacity and delay obtaining transcript), the delay was modest and caused no specific prejudice beyond that inherent in delay, and the proposed appeal raised arguable points (issues of economic duress, unclear contractual documentation, and whether liability was personal or corporate) such that granting an extension met the overall interests of justice.
25 Feb 2014

NO 317 LIMITED v CANTERBURY REGIONAL COUNCIL [2014] NZHC 276

Citation

[2014] NZHC 276
Court

High Court

Court granted limited tailored discovery to both parties constrained by pleadings and proportionality: plaintiff entitled to targeted documents concerning ECAN's recorded perceptions and decisions about Red Bus and Leopard limited to breaches of the same nature and within 1 June 2010–19 November 2010; defendant entitled to specified financial, management and related documents from plaintiff relevant to valuation/damages (with temporal and scope limits); further security for costs of $40,000 ordered to be paid by close of pleadings (failure to pay to result in stay except for provision of brie…
6 Aug 2012

AUSTEN & AUSTEN V POLO PRINCE MANUFACTURING LTD & ANOR HC AK CIV 2012-404-000439

Citation

openlaw-ece6b008_10b1_441c_8603_4ad5c3851bd1.pdf
Court

High Court

None of the defendants' asserted defences or counterclaims could succeed or were timely: negligent misstatement and misrepresentation claims accrued on entering the sale agreement and are statute-barred; equitable estoppel, implied good faith and economic duress claims fail on their merits; Fair Trading Act claim was discovered by mid-2008 and is time-barred; summary judgment for plaintiffs entered for specified amounts and costs.
24 Apr 2012

JADIE TRUSTEE LIMITED V RABOBANK NEW ZEALAND LTD HC TAU CIV 2012-470-271

Citation

openlaw-25b6833f_8f45_482f_a455_bd3d4d8eb75c.pdf
Court

High Court

The application for an interim injunction was dismissed because the applicant failed to demonstrate a serious question to be tried on economic duress and, on the balance of convenience, delay, lack of a credible undertaking as to damages and prejudice to the mortgagee militated against granting relief.
7 Nov 2011

MAGSONS HARDWARE LTD V CONCEPTS 124 LTD COA CA671/2010

Citation

COA CA671/2010
Court

Court of Appeal

The Court allowed the appeal because the Associate Judge erred in making affirmative factual findings that the payments were made under economic duress in the context of a summary statutory demand proceeding on affidavit evidence; the existence of duress is primarily a factual inquiry requiring fuller examination (including potential cross-examination) and was not appropriately resolved in that procedure, so the statutory demand should have been set aside.