New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Limitation/laches

  • 3 Oct 2019

    LE v HEMU TRADE CO LIMITED [2019] NZCA 476

    Citation
    [2019] NZCA 476
    Court
    Court of Appeal

    The Court accepted the respondents' primary witnesses and contemporaneous internal company accounts as reliable evidence that Wenheng provided the funds for the purchase, creating a resulting trust in Wenheng's favour; the beneficial interest was transferred to Hemu as shown by accounting records and director evidence; fresh evidence was inadmissible; Limitation Act did not bar the equitable claim; on cross-appeal the Court found sufficient evidence that the deposit was reimbursed and therefore the appellant's entire 50% share is held on trust for Hemu.

  • 19 Jun 2019

    MOANAROA v RUWHIU [2019] NZHC 1406

    Citation
    [2019] NZHC 1406
    Court
    High Court

    The court found Vernon Ruwhiu owed a fiduciary duty to Ms Moanaroa and breached that duty by diverting her funds into a trust he controlled without her informed consent, causing loss; Denise Ruwhiu and Bonnie Ruwhiu were liable for knowing receipt of trust assets traceable to Ms Moanaroa; appropriate relief is repayment of the trust monies (as specified), interest at 5% from relevant dates, $25,000 general damages and costs, with a contingent judgment against Bonnie recoverable only if sums are unrecoverable from Vernon and Denise.