New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Interest (judicature act)

  • 8 Dec 2011

    WILLCOCKS V TEAT HC ROT CIV 2008-463-000784

    Citation
    openlaw-11a1c0a3_cd4a_4fd4_9aee_70053b8e90ae.pdf
    Court
    High Court

    The court held that the book value of the shares is to be determined by reference to the accounts for the year ended 31 March 1999 because those were the accounts in existence and the relevant metric at the time the parties contracted; expert opinions preferring the 2000 accounts were ex post rationalisations and cannot vary the bargain struck. Interest under s 87 Judicature Act 1908 is awarded to compensate and, having regard to the practical time required to prepare separation accounts, interest payable by the defendant is deferred for six weeks so that interest runs from 22 December 2008.…

  • 15 Jul 2009

    N TEMPLETON AND S WHITTAKER V VC MCCARTHY HC WN CIV-2005-485-1958

    Citation
    openlaw-012fd0f8_d061_4954_abb2_2c71fda82e97.pdf
    Court
    High Court

    The court awarded the costs and disbursements of obtaining the charging order to the judgment creditors because obtaining the charging order was an essential and appropriate enforcement step required to meaningfully resolve the substantive and bankruptcy proceedings; costs fixed at Category 2B ($650.00) and disbursements at $948.18, with interest under s 87 of the Judicature Act 1908 from the date of the order until payment.