New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Fair trading act ss 9 and 11

  • 13 Jul 2023

    AUCKLAND TROTTING CLUB INC v CANAM GROUP LTD [2023] NZHC 1685

    Citation
    [2023] NZHC 1685
    Court
    High Court

    Second and third causes as pleaded were struck because ATC sought relief for its own contractual loss rather than alleging harm to the company (CCL) from directors' breaches; declarations under s 301 are not available to a creditor; s 301(1)(c) scope remains unsettled so not grounds to strike out third-party argument; sixth cause (seeking to recover arbitration costs from non-parties) disclosed no cause of action and was struck out; ATC given leave to amend to plead causation and identify proper s 301 basis and measure of loss and must address FTA damages measure and limitation issues.

    • S 301 companies act remedies
    • S 135 reckless trading
    • S 136 duty in relation to obligations
    • S 194 accounting records
    • Fair trading act ss 9 and 11
    • Limitation under fta s 43a

  • 30 May 2007

    STRUTHERS V PATTERSON CO-PARTNERS ARCHITECTS LIMITED AND ORS HC AK CIV-2003-404-3232

    Citation
    openlaw-86336c3b_1914_4598_9246_b7f73b8b97a9.pdf
    Court
    High Court

    Claims in negligence against the ninth defendant (Attorney-General/BIA) and against BRANZ (tenth defendant) are struck out because the statutory scheme, the regulatory/quasi-legislative character of the BIA's functions and the tenuous nexus between BRANZ and homeowners preclude imposing the alleged duties of care; Sacramento is binding and dispositive on proximity and policy issues. The plaintiffs' FTA claim against BRANZ is not sufficiently untenable to be struck out and may proceed with amendment.

    • Duty of care
    • Proximity
    • Policy considerations
    • Appraisal certificates
    • Misleading or deceptive conduct
    • Fair trading act ss 9 and 11