New Zealand Case Law: Decisions & Judgments

Topic

Fraud and forgery

Legal area

Court

17 Nov 2023

KEA INVESTMENTS LTD v WIKELEY FAMILY TRUSTEE LTD (IN INTERIM LIQUIDATION) [2023] NZHC 3260

Citation

[2023] NZHC 3260
Court

High Court

On the evidence the Coal Agreement was not a genuine binding contract and the Kentucky default judgment was procured by fraud through a coordinated scheme involving WFTL, K D Wikeley, Wikeley Inc, USA Asset Holdings Inc, and E J Watson (with associates). The defendants combined by unlawful means to injure Kea. The default judgment is not entitled to recognition in New Zealand. Assignments and purported trustee/Governing law changes effected to evade New Zealand orders are void. Remedies including permanent injunctions, declarations, and damages for irrecoverable overseas legal costs follow to…
14 Jul 2020

FM CUSTODIANS LIMITED v R [2020] NZCA 285

Citation

[2020] NZCA 285
Court

Court of Appeal

The Court held the properties were instruments of crime because the equity in the land was used to facilitate the fraudulent obtaining of loan advances; mortgages obtained through the agent's fraud (forgery and dishonest certification) are void ab initio and agent fraud is imputable to the principal under Nathan v Dollars & Sense Ltd, and on the facts FMC was materially involved in the offending, so FMC had no recoverable interest and was not entitled to relief; appeal dismissed.
28 Nov 2019

FM CUSTODIANS LIMITED v R [2019] NZCA 598

Citation

[2019] NZCA 598
Court

Court of Appeal

The Court of Appeal granted an extension of time and granted leave to appeal because the High Court's decision raised matters of general or public importance—specifically whether the properties qualified as instruments of crime under the Criminal Proceeds (Recovery) Act 2009 and whether FM Custodians possessed a qualifying interest under s 77(1). The Court excluded the jurisdictional challenge to District Court authority from the scope of the appeal because the proceeding arose from the criminal jurisdiction, not a civil District Court proceeding.

New Zealand Case Law

KEA INVESTMENTS LTD v WIKELEY FAMILY TRUSTEE LTD (IN INTERIM LIQUIDATION) [2023] NZHC 3260

FM CUSTODIANS LIMITED v R [2020] NZCA 285

FM CUSTODIANS LIMITED v R [2019] NZCA 598