New Zealand Case Law: Decisions & Judgments

Topic

Insurance proceeds

Legal area

Court

8 Jul 2022

COMMERCIAL FACTORS LIMITED v SCENIC HOTEL GROUP LIMITED [2022] NZCA 300

Citation

[2022] NZCA 300
Court

Court of Appeal

The Court held that an operating pre-contractual joint venture existed between Commercial Factors Ltd and Scenic Hotel Group Ltd from June 2011 until 26 March 2015; Pacific Hotels Ltd was not indebted to Factors for NZ$6.25m because Factors retained legal and beneficial ownership of the hotel and Pacific's occupation did not transfer beneficial title; declaratory relief as to existence and duration of the joint venture was appropriate but an order for the taking of an account was not ordered because Pacific's liquidation was inevitable and issues including entitlement to insurance proceeds we…
30 Jul 2020

COMMERCIAL FACTORS LIMITED v SCENIC HOTEL GROUP LIMITED [2020] NZHC 1868

Citation

[2020] NZHC 1868
Court

High Court

The Court refused to order an accounting because PHL appeared insolvent, the shareholders were deadlocked, and liquidation was immediately available and preferable: a liquidator can independently realize assets, determine liabilities and resolve competing claims more efficiently and with potentially less cost than a court-directed accounting; additionally the accounting sought represented new executory relief not properly within the pleaded case and unnecessary given liquidation was appropriate.
7 Nov 2019

GP96 LIMITED v PVG SECURITIES TRUSTEE LIMITED [2019] NZSC 123

Citation

[2019] NZSC 123
Court

Supreme Court

Extension of time granted but leave to appeal denied because the property was sold without a stay rendering the issues moot, the proposed damages claim was speculative, and multiple unresolved factual and legal issues meant it was not in the interests of justice to grant leave.
16 Feb 2017

CHESTERFIELDS PRESCHOOLS LIMITED (IN LIQUIDATION) v SISSON [2017] NZHC 181

Citation

[2017] NZHC 181
Court

High Court

By consent of all parties the Court entered judgment for the plaintiff and made vesting orders under Trustee Act 1956 ss 52(1)(h) and 59(1)(g), limitedly lifted prior freezing orders to permit the vesting and transfer of specified funds, removed the caveat, and awarded costs and disbursements against the defendant with quantum reserved for separate determination.
15 Jun 2016

CHESTERFIELDS PRESCHOOLS LTD (In liq) v SISSON [2016] NZHC 1286

Citation

[2016] NZHC 1286
Court

High Court

The Court exercised its interlocutory discretion: it varied freezing orders to permit payment of rates and ordered $30,000 be paid from the frozen ANZ account to the liquidator's trust to contract for site clearance, refused release of funds for Court of Appeal payments because the appeal was abandoned, ordered consolidation of the related proceedings due to overlapping factual and credibility issues, and dismissed the review of the Associate Judge's minute for lack of jurisdiction and on substantive grounds.
8 Apr 2013

CHURCH PROPERTY TRUSTEES V ATTORNEY-GENERAL HC CHCH CIV 2012-409-002745

Citation

openlaw-dba3c520_f933_42c3_af7f_80828c71096c.pdf
Court

High Court

The High Court held there is no separate insurance trust with purposes wider than the Cathedral Trust; any beneficial interest of the Cathedral community in the material damage insurance proceeds is subject to the terms of the Cathedral Trust (which require a Cathedral on Cathedral Square) and s25 Trustee Act supports that conclusion; relief from personal liability was not finally determined and is to be considered under the Church Property Trust Act 2003 s11(1) but further evidence and submissions are required before relief is granted or denied.
16 May 2012

COOPER TRUSTEES LIMITED V LICHFIELD STREET 145 LIMITED HC CHCH CIV-2011-409-002662

Citation

openlaw-f356f073_bf88_464c_9340_7652d76a71cc.pdf
Court

High Court

The Court found Lichfield was deadlocked, directors could not perform their duties, the company held insurance proceeds but was not meeting creditor obligations and was incurring avoidable losses; the separate Madras dispute did not justify preventing liquidation of this distinct company; accordingly it was just and equitable to wind up Lichfield and appoint liquidators.

New Zealand Case Law

COMMERCIAL FACTORS LIMITED v SCENIC HOTEL GROUP LIMITED [2022] NZCA 300

COMMERCIAL FACTORS LIMITED v SCENIC HOTEL GROUP LIMITED [2020] NZHC 1868

GP96 LIMITED v PVG SECURITIES TRUSTEE LIMITED [2019] NZSC 123

CHESTERFIELDS PRESCHOOLS LIMITED (IN LIQUIDATION) v SISSON [2017] NZHC 181

CHESTERFIELDS PRESCHOOLS LTD (In liq) v SISSON [2016] NZHC 1286

CHURCH PROPERTY TRUSTEES V ATTORNEY-GENERAL HC CHCH CIV 2012-409-002745

COOPER TRUSTEES LIMITED V LICHFIELD STREET 145 LIMITED HC CHCH CIV-2011-409-002662