New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Estoppel/acquiescence

Legal area

Court

5 May 2023

BREMWORTH LIMITED (FORMERLY CAVALIER CORPORATION LIMITED) v RADFORD YARN TECHNOLOGIES LIMITED [2023] NZHC 1059

Citation

[2023] NZHC 1059
Court

High Court

Court identified specific elements of the 2011 IP transfer that were confidential (notably tube technology and formulation, certain tube‑tensioning mechanics, PLC/HMI programs and related control software and some yarn specifications), found defendants had used some of that confidential information (PLC programs, tube technology and aspects of tensioning on PF1/PF2), but concluded plaintiffs by conduct authorised/acquiesced in and are estopped from wholly revoking permission to use the Confidential Information for limited purposes (apparel/novelty yarns, specified supplies to Nick Radford Rug…
17 Dec 2015

MADSEN-RIES v THOMPSON [2015] NZHC 3270

Citation

[2015] NZHC 3270
Court

High Court

The 2008 transfer was an undervalue disposition: the Trust assumed the BNZ mortgage (~$335,000) but there was no credible evidence of release of the ~$149,326.20 debt, creating an at least ~$150,000 shortfall to creditors; the transfer was also made with intent to prejudice creditors; Kiwi House had indefeasible title from the 2005 registered transfer; the IRD did not make any binding representation that estopped liquidators; the defendant had no substantial defence and offered no reasonable explanation for long delay, so there was no miscarriage of justice and the earlier formal proof judgme…