New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Estoppel and abuse of process

Legal area

Court

29 Mar 2023

CRAIG v STRINGER [2023] NZHC 666

Citation

[2023] NZHC 666
Court

High Court

The Court found the publications (read in context) conveyed that Craig sexually harassed MacGregor and, applying established tests for meaning and sexual harassment, concluded on the balance of probabilities that Craig had sexually harassed MacGregor; because defendant proved truth of the pleaded defamatory meaning the defamation claim failed and other defences and damages did not require determination.
21 Mar 2022

MORAIS v VENIS [2022] NZHC 522

Citation

[2022] NZHC 522
Court

High Court

The will did not create a condition precedent requiring exclusive occupation by 'Canons' before vesting; 'exclusive use' reserved the benefit to the identified religious group but did not limit the ways the property could be used to benefit them; the Diocese accepted the gift and its temporary letting and application of rents to support diocesan priestly functions did not amount to a disclaimer or defeat the bequest; clause 6 was not triggered and the declaratory relief sought by the plaintiff fails.