New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Executor de son tort

Legal area

Court

21 Apr 2022

WILSON v DEPARTMENT OF CORRECTIONS [2022] NZHC 814

Citation

[2022] NZHC 814
Court

High Court

The detention was lawful because it was pursuant to a valid District Court warrant issued under s 168(4) of the Criminal Procedure Act 2011 signed by a judge; the applicant offered no legal basis to impugn that detention, so the habeas corpus application is dismissed.
12 Apr 2013

LOVE V BATTERTON HC AK CIV-2012-404-2385

Citation

openlaw-9337b331_b607_4c31_a489_62ae088bf399.pdf
Court

High Court

Court exercised discretion to refuse the applicant leave to sue in place of the executor and to refuse joinder of Barnes because the evidence did not establish a pattern of conduct amounting to breach of fiduciary duty or unjust enrichment, significant payments by Barnes created dominant set-offs, the estate was insolvent, limitation and laches issues were real, and no special circumstances justified permitting the contested late litigation.