New Zealand Case Law: Decisions & Judgments

Topic

Equitable set-off

Legal area

Court

16 Oct 2023

KEITH BULLOCK CONTRACTING LIMITED v GENESIS RESIDENTIAL LIMITED [2023] NZHC 2887

Citation

[2023] NZHC 2887
Court

High Court

Summary judgment dismissed for all claims because material and credible conflicts of fact exist about the validity of GRL's termination and quantum of GRL's losses (engaging equitable set-off), and because KBC failed to establish entitlement to summary judgment under s24 CCA for PC16 given uncertainty about timely payment schedule compliance; these issues are appropriately resolved at trial with full evidence.
29 Sept 2023

LAUDER v WALMSLEY [2023] NZHC 2710

Citation

[2023] NZHC 2710
Court

High Court

The nominators (the Walmsleys) retained standing to sue despite nominating the Calliope Trust; however the Term Loan Agreement is a separate, independent contract from the agreement for sale and purchase and the alleged breach of the vendor warranty does not impeach the loan demand or give rise to equitable set-off; accordingly summary judgment was entered for the Tuscany Trustees for $450,000 plus contractual interest, and the court declined to exercise its residual discretion to refuse or stay judgment.
2 Aug 2023

GREGORY JOHN JONES v NEW ZEALAND BLOODSTOCK FINANCE AND LEASING LIMITED [2023] NZSC 98

Citation

[2023] NZSC 98
Court

Supreme Court

Leave to appeal was dismissed because the proposed appeal raised no matter of general public importance or commercial significance and had insufficient prospects of success; the Court of Appeal correctly applied summary judgment principles, found both contracts enforceable and that the applicant had no tenable defence; the conspiracy and fraud allegations were speculative and not credible; recusal was not warranted.
21 Jun 2023

BODY CORPORATE 172108 v CUMMINS [2023] NZHC 1535

Citation

[2023] NZHC 1535
Court

High Court

Application to halt the adjudication dismissed: an unliquidated contingent cross-claim and related equitable arguments do not justify staying a long-outstanding, immediately payable judgment debt; the Body Corporate is not a secured creditor for insolvency purposes and its caveat was reasonably lodged and judicially sustained; exercise of s 38 discretion weighed against a halt given the litigation history and risk to creditors.
4 Oct 2022

BORLASE v ROBERTSON ENGINEERING LTD [2022] NZHC 2533

Citation

[2022] NZHC 2533
Court

High Court

On the facts and viewing the email holistically in context, the appellant's email was a personal guarantee of CAL's indebtedness to REL, covering debts arising from time to time (including post‑date invoices) for unpaid lease/rental payments and related liquidation costs; the alleged equitable set-off was speculative and unsupported and therefore no arguable defence existed, so summary judgment was properly entered and the appeal is dismissed.
25 Aug 2022

JONES v NEW ZEALAND BLOODSTOCK FINANCE & LEASING LTD [2022] NZCA 397

Citation

[2022] NZCA 397
Court

Court of Appeal

The Court upheld the High Court's grant of summary judgment because the advances and lease were commercial contracts (CCCFA initial disclosure did not apply), the appellant failed to establish any tenable defence or interdependent cross-claim: his allegations of fraud and conspiracies were speculative, lacked particularity and admissible evidence, and therefore could not defeat summary judgment; further evidence was admitted in part but did not alter that conclusion; interlocutory refusals to stay or adjourn were not in error; appeal dismissed.
19 Aug 2022

BODY CORPORATE 172108 v MEADER & ORS [2022] NZHC 2076

Citation

[2022] NZHC 2076
Court

High Court

Cummins' attempt to be joined without taking legal title was a deliberate tactic to avoid paying monies owed and therefore an abuse of process; indemnity costs are justified where a party has acted unreasonably or abusively; after scrutiny the court fixed reasonable indemnity costs of $35,000 plus disbursements $1,386.21 for the joinder judgment and fixed 2B costs for the leave judgment of $6,214 plus disbursements $258.78, ordering Cummins to pay the total $42,858.99 (exclusive of GST).
15 Aug 2022

JING JUN YU AND ANDREW INVESTMENTS (2004) LIMITED v BRADLEY [2022] NZCA 378 [15 August 2022]

Citation

(2022) 23NZCPR 902
Court

Court of Appeal

Appeal dismissed: judge correctly found any initial agent misrepresentation was corrected before contract formation; purchaser did not validly and unconditionally invoke the clause 8 compensation procedure in time (boundary claim was conditional and not properly particularised) and thus could not withhold settlement; vendor's settlement notice was valid and vendor was entitled to treat purchaser's purported cancellation as repudiation and cancel; damages awarded for foreseeable losses were appropriate.
4 Jul 2022

HERBERT v USAR NAPIER LTD [2022] NZCA 288

Citation

[2022] NZCA 288
Court

Court of Appeal

The Court declined to admit further evidence because it was not fresh, credible or cogent; the alleged statement was at best a promise of future action and not an actionable pre-contractual misrepresentation; no arguable collateral contract was pleaded or evidenced; appellants failed to show causation or quantifiable loss or mitigation; accordingly summary judgment was upheld and the appeal dismissed.
15 Jun 2022

HOSBON TRUST LIMITED as trustee of the HOSBON TRUST v WALLIS [2022] NZHC 1402

Citation

[2022] NZHC 1402
Court

High Court

The Judge found the defendant has a substantial ground of defence (a genuine dispute whether the loan was with the director personally or the trust) that requires substantive determination; although the defendant's delay was not reasonably explained, the plaintiff would not suffer irreparable injury if the defendant pays the plaintiff's costs and disbursements for the delay; accordingly leave to file a statement of defence is granted on terms (payment of costs/disbursements within 10 working days; filing timetable for defence and reply).