New Zealand Case Law: Decisions & Judgments

Topic

Enforcement

Legal area

Court

20 Sept 2023

POMEROY v BELASCO [2023] NZHC 2606

Citation

[2023] NZHC 2606
Court

High Court

Summary judgment was granted because the debt was admitted and undisputed and demand had been made, so the Trust was entitled to judgment for the principal sum and contractual interest. However, having regard to the equities — including the Trust's failure to pursue available security options (mortgage or caveat), the practical source of repayment being the UK property, and the close relationship between the Trust and the beneficiary who appears to be impeding sale — the court exercised its discretion to dismiss the Trust's costs application and order that costs lie where they fall.
1 Jun 2023

LUN v KONG [2023] NZHC 1370

Citation

[2023] NZHC 1370
Court

High Court

The Court had personal jurisdiction and subject matter jurisdiction to hear the in personam trust claim because the pleaded trust admissions and operative documents arose in New Zealand and both parties are resident there; the defendant failed to establish that China was a clearly or distinctly more appropriate forum, so the protest to jurisdiction was set aside.
8 Oct 2021

MEADS v MULDREW [2021] NZHC 2691

Citation

[2021] NZHC 2691
Court

High Court

Dismissed the stay application because the appellant no longer sought a stay, there was no evidence the appeal would be rendered nugatory absent a stay, the costs award was effectively offset by amounts already owing under the substantive Family Court judgment and prior costs awards, and the balance of convenience weighed against a stay; alternative interim orders including a payment plan or removal of s 42 notices were inappropriate because no basis for court-ordered compromise or removal arose on this application.
18 May 2021

THE TOWN OF JUPITER, FLORIDA v ENDEAVOUR CAPITAL LIMITED [2021] NZHC 1110 [18 May 2021]

Citation

[2021] NZHC 1110
Court

High Court

Court was satisfied that Endeavour was validly served and failed to file a defence, the claim arose from a Settlement Agreement that quantified the indebtedness so the claim is a liquidated demand under r15.7, and in the absence of evidence establishing that Florida law required monthly compounding the plaintiff's election to claim simple interest was accepted; judgment for liability was entered against Endeavour and the quantum fixed at USD 178,899.39 with specified costs and disbursements.
25 Feb 2021

NISSAN FINANCIAL SERVICES NEW ZEALAND PTY LIMITED v CONSTABLE [2021] NZHC 285 [25 February 2021]

Citation

[2021] NZHC 285
Court

High Court

The guarantee signed by both defendants unambiguously covered the sums claimed, the defendants did not file any defence and their solicitors confirmed they would not oppose the claim, therefore the plaintiff was entitled to summary judgment for the claimed principal and indemnity costs as evidenced by the filed memoranda and affidavits.
21 May 2020

Formax Finance Ltd v Fundstar Finance Ltd [2020] NZHC 1067

Citation

[2020] NZHC 1067
Court

High Court

The Court held that clause 8.2 of the Master Deed and r14.6(4)(e) entitled Formax to indemnity costs of $148,409.66 because those costs were validly incurred in enforcing contractual rights; further, clause 3.3 and the definition of Outstanding Moneys entitled Formax to default interest at 16% per annum on $2,245,692 from 26 June 2019, calculated to 26 February 2020 as $242,165.58, and ongoing thereafter until actual repayment; defendants were jointly and severally liable for the awarded costs and interest.
29 Nov 2019

HARVEY v HEEMAN & ANOR [2019] NZHC 3131

Citation

[2019] NZHC 3131
Court

High Court

The without‑notice interim injunction application was dismissed because the applicants did not demonstrate that requiring notice would cause undue delay or prejudice given the auction date left time for service and a short‑notice hearing; Pickwick service is insufficient as a substitute for full opportunity to respond, so the correct course is to serve the respondent, abridge time for opposition, and list a hearing on short notice.
2 Jul 2019

HARRIS GROUP LTD v GULLIVER’S PACIFIC LTD [2019] NZHC 1539

Citation

[2019] NZHC 1539
Court

High Court

Deed indemnity for enforcement of payment obligations entitled plaintiff to solicitor/client costs for steps taken to commence and pursue recovery of the payment due; indemnity did not extend to non‑monetary obligations (NPBT calculation and records); costs claimed were reduced to reflect scope of indemnity and reasonableness, resulting in award of $37,391.67 plus disbursements $1,173.91.
29 Jan 2019

BURMESTER v BURMESTER [2019] NZHC 32

Citation

[2019] NZHC 32
Court

High Court

Indemnity costs were appropriate because Anneliese deliberately and persistently disobeyed a clear court order and inflicted ongoing prejudice and expense. However the claimed actual costs were excessive given the relative simplicity of the contempt issues; a reasonable allocation of actual costs was $24,500 plus disbursements of $1,264.75. Orders seeking direct deduction from overseas partnership funds and requiring Anneliese to pay counsel-to-assist fees were declined to avoid enforcement/jurisdictional issues and because counsel-to-assist were appointed in the public interest and largely n…
12 Dec 2018

HELI HOLDINGS LTD v CHOPPER WORX PTY LTD [2018] NZHC 3276

Citation

[2018] NZHC 3276
Court

High Court

Clause 26.1 of the Lease, read as a whole, gave Heli Holdings a clear contractual right to sue in New Zealand; the clause was not mere boilerplate and the wording permits Heli to commence proceedings in New Zealand; Chopper has not demonstrated strong cause or exceptional circumstances to displace that contractual right; on balance New Zealand is the appropriate forum and the defendant's protest to jurisdiction is set aside.