New Zealand Case Law: Decisions & Judgments

Topic

Enforcement of securities

Legal area

Court

4 Nov 2022

CRIFFEL DEER LIMITED v ANZ BANK NEW ZEALAND LIMITED [2022] NZHC 2901

Citation

[2022] NZHC 2901
Court

High Court

The application for a stay and for an order preventing enforcement of securities was dismissed because the plaintiffs failed to show a realistic prospect of success or that the appeal was bona fide, they did not demonstrate that their appeal rights would be rendered nugatory absent a stay, and the balance of convenience favoured the defendant whose secured rights would be injuriously affected by a stay.
24 Jun 2013

ANZ BANK NEW ZEALAND LIMITED v CHUNG [2013] NZHC 1522

Citation

[2013] NZHC 1522
Court

High Court

There is no jurisdictional bar to ordering substituted service where the proceeding qualifies for service without leave under r6.27(2)(b); however, on the facts before the court the plaintiff failed to establish that substituted service should be ordered because there was insufficient evidence that the first defendant had notice via the spouse or regularly used the identified email address, and further evidence was required.
6 Nov 2009

FM CUSTODIANS LIMITED V B P WEST AND ANOR HC AK CIV 2009-404-002617

Citation

openlaw-982d960d_754c_4a9b_8b9d_c43c37904988.pdf
Court

High Court

The loan agreement and deed of guarantee and indemnity unambiguously made West unconditionally and irrevocably liable as a sole and principal debtor for the guaranteed indebtedness; Wiles Project Limited had defaulted and no defence to summary judgment existed, therefore summary judgment was entered against West for $1,298,916.09 and FM was not required to exhaust remedies against the company first.
15 Mar 2007

ASB BANK LIMITED V TENG HC AK CIV 2006-404-5849

Citation

openlaw-88bf1e65_dc14_4c17_8821_b717132e7fe3.pdf
Court

High Court

The contractual interest provisions did not expressly provide for interest to continue after entry of judgment and there was no evidence of extant securities preserving contractual interest; therefore the contractual interest did not survive judgment and the application to recall or vary the judgment was declined.

New Zealand Case Law

CRIFFEL DEER LIMITED v ANZ BANK NEW ZEALAND LIMITED [2022] NZHC 2901

ANZ BANK NEW ZEALAND LIMITED v CHUNG [2013] NZHC 1522

FM CUSTODIANS LIMITED V B P WEST AND ANOR HC AK CIV 2009-404-002617

ASB BANK LIMITED V TENG HC AK CIV 2006-404-5849