New Zealand Case Law: Decisions & Judgments

Topic

Harsh and oppressive conduct

Legal area

Court

21 Jun 2013

TIMOTHY TOILOLO v WESTPAC NEW ZEALAND LIMITED [2013] NZHC 1517

Citation

[2013] NZHC 1517
Court

High Court

The plaintiff failed to demonstrate a serious issue to be tried because Westpac validly exercised contractual rights under the SSA/GSA to apply secured funds and call the overdraft after defaults and statutory notices; Westpac provided repeated opportunities to remedy defaults, the plaintiff is commercially experienced, there is no equity in the property, and injunction relief was therefore unjustified.
30 Jun 2008

R J ALLAN AND S L ALLAN AS TRUSTEES OF THE ALLAN FAMILY TRUST AND ANOR V CRESSIDA CAPITAL INVESTMENT LIMITED HC AK CIV 2008-404-003856

Citation

openlaw-2ad83b88_f072_4a76_9c31_98e6ccb42932.pdf
Court

High Court

There is no serious question to be tried as to breach of contract/default given the valuations and notices indicating a material reduction in value and material adverse change; although the timing of raising cl 11.1(g) in the third notice arguably gives rise to an arguable oppressive conduct claim, the evidence is insufficient and damages are an adequate remedy, therefore an interim injunction is not appropriate.
21 Apr 2008

INVOICE ADVANCE NEW ZEALAND LTD V BUTLER HC ROT CIV 2008-463-065

Citation

openlaw-d0c14121_6412_4a58_b82f_211333cfd8cd.pdf
Court

High Court

Because the defendant articulated an arguable statutory defence under the Credit Contracts and Consumer Finance Act 2003 to re-open the credit transactions as harsh or oppressive, summary judgment was inappropriate; the matter was adjourned for a half-day fixture to determine the limited defence and procedural directions were given for preparation.

New Zealand Case Law

TIMOTHY TOILOLO v WESTPAC NEW ZEALAND LIMITED [2013] NZHC 1517

R J ALLAN AND S L ALLAN AS TRUSTEES OF THE ALLAN FAMILY TRUST AND ANOR V CRESSIDA CAPITAL INVESTMENT LIMITED HC AK CIV 2008-404-003856

INVOICE ADVANCE NEW ZEALAND LTD V BUTLER HC ROT CIV 2008-463-065