New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Equitable duty of good faith

  • 18 Jul 2017

    CORONATION GARDENS LTD v SMALL (2005) LTD [2017] NZHC 1662

    Citation
    [2017] NZHC 1662
    Court
    High Court

    Application dismissed because applicant failed to show a serious question to be tried: evidence was insufficient that use of the term 'mortgagee sale' would breach s176 or equitable duties or be oppressive; Taylor establishes advertising as a mortgagee sale is not oppressive where mortgagee acted on professional advice; balance of convenience favoured respondent and damages would be adequate.

    • Mortgagee sale
    • Interim injunction
    • S176 duty of care
    • Oppressive conduct
    • Equitable duty of good faith
    • Balance of convenience

  • 30 Mar 2010

    MATRIX CUSTODIAN LTD V PHILLIPS HC AK CIV-2009-404-005820

    Citation
    openlaw-d64cb6f9_9226_4de1_8ef6_955b5a754b53.pdf
    Court
    High Court

    The plaintiff established there was no real defence: marketing and sale steps taken by the mortgagee/receivers were reasonable in the commercial circumstances, the purchaser validly rescinded under its due diligence condition, no evidence showed breach of s176 or equitable bad faith, and defendants failed to provide an evidential foundation for a defence or a proper basis to delay judgment; summary judgment was therefore appropriate for the shortfall of $2,420,191.

    • Mortgagee duty to obtain best price
    • Guarantees and sureties
    • Receivership duties
    • Equitable duty of good faith
    • Summary judgment standard

  • 29 Jan 2010

    WESTPAC NEW ZEALAND LTD V COOPER HC AK CIV-2009-404-000990

    Citation
    openlaw-25536675_4f88_4979_ab6f_87f2f788720c.pdf
    Court
    High Court

    Summary judgment was refused because Westpac failed to plead and adduce primary evidence demonstrating compliance with the Property Law Act notice and service requirements or to exclude the possibility of prejudice under s122(5); factual conflicts about service and inadequate pleading of mortgagee sale facts meant Cooper might have a defence, so summary judgment was inappropriate.

    • Guarantee enforcement
    • Mortgagee sale
    • Property law act notices
    • Summary judgment procedure
    • Duty of care s176
    • Equitable duty of good faith