29 Nov 2023
The Second Deed, at best, gave the applicant only a right to request a mortgage rather than a present equitable mortgage capable of supporting a caveat; alternatively, any actionable claim under the Deed is time-barred by the Limitation Act 1950/2010; accordingly there is no reasonably arguable basis to sustain the caveat.
26 Sept 2023
The Court struck out the claim: the Joint Statement is a non-binding political instrument that cannot found declaratory relief or individual legal rights; Tokelau law governs the substantive tort and contract issues and Tokelau's two-year limitation period applies (Limitation Act s55 importing Tokelau law), rendering the claims time-barred; on the merits the inducement and unlawful-means torts are untenable because the Tokelau High Court conclusively found the plaintiff's dismissal was justified and the alleged acts of defendants could not have caused the loss; further the proceeding is an ab…
1 Jun 2023
The Court had personal jurisdiction and subject matter jurisdiction to hear the in personam trust claim because the pleaded trust admissions and operative documents arose in New Zealand and both parties are resident there; the defendant failed to establish that China was a clearly or distinctly more appropriate forum, so the protest to jurisdiction was set aside.
3 May 2023
Defendants failed to establish that none of the pleaded causes of action could possibly succeed and summary judgment was inappropriate given disputed material facts and inadequate defendant affidavit evidence; the strike-out application was dismissed, plaintiff must replead to comply with procedural rules, contract claims against the individuals are untenable and any contract claim should be pleaded against Tullycrine Ltd only, equitable claims (promissory estoppel, constructive trust and possible fiduciary/knowing receipt claims) are tenable and not fully time-barred, and the plaintiff may s…
14 Dec 2022
The Court held s 393(2) Building Act 2004 (10-year long-stop tied to the date of the act or omission) does not preclude a defendant's statutory claim for contribution under the Law Reform Act; contribution claims accrue only when the claimant's liability to the original plaintiff is quantified and are governed by the bespoke limitation regime in the Limitation Act (LA 1950 s 14 or LA 2010 s 34), accordingly the Council's contribution claim was not time‑barred; summary judgment was refused because genuine factual disputes (including whether Beca remained on task or had continuing duties after…
8 Nov 2022
The fifth amended statement of claim was struck out because it failed to comply with pleading rules: it was prolix and evidential, lacked required particularity for defamation, misfeasance and negligence, ignored prior judicial directions to streamline, and the defamation cause was time-barred; after multiple amendment opportunities the pleading disclosed no reasonably arguable cause of action and strike out was justified.
30 Sept 2022
The Court held the Limitation Act 2010 applied and the facility/guarantee boilerplate did not, on its terms and context, clearly and unambiguously contract out of the Act; however BNZ established that defendants (LPC, PHL, Glencoe JV, Galt and Mr Kerr) made written acknowledgements (emails, presentations, part‑payments and communications) that objectively admitted liability and thereby restarted limitation periods under s47, such that BNZ's claims are not time‑barred; the settlement deed was not an unequivocal acknowledgement; BNZ's certified account evidence was sufficient and defendants' ac…
7 Sept 2022
The counterclaim was struck out because the delay (abeyance from 2006 to 2021 and original incidents circa 2002–2004) was inordinate and inexcusable, and caused serious prejudice to PFNZ through loss or faded memory of witnesses, unavailability of the machinery for inspection, and evidential problems on causation and quantum; impecuniosity did not justify the prolonged failure to post security.
9 Aug 2022
Court held the rights to recover the secured debts were statute barred as against Able Ventures because no s47 acknowledgement by its sole director revived limitation; applicant failed to discharge the onus to justify discharge under s105 LTA 2017 and the mortgages were not discharged; however court found on available evidence that K Bolton held the named mortgage interests on constructive trust for the second defendants and ordered transfer of mortgages B.388436.5 and M6484677.2 to the second defendants, reserving leave on the 2001 mortgage and on personal liability issues of the Bells.
26 Jul 2022
Because QLDC succeeded in striking out the bathroom pod claim, costs follow the event: Body Corporate is ordered to pay QLDC costs on a 2B scale with disbursements (filing fee) and allowance for second counsel; however, because QLDC delayed joining the tenth third party and that joinder need not have occurred had the strike out been brought earlier, QLDC must pay the tenth third party's costs on a 2B scale (subject to a minor clarification about a .4 day item).