New Zealand Case Law: Decisions & Judgments

Topic

Nomination agreement

Legal area

Court

31 May 2018

ZHONG v LOO [2018] NZCA 178

Citation

[2018] NZCA 178
Court

Court of Appeal

Appeal dismissed because there was no evidence Ong had authority from Loo to receive Zhong's early payments or to agree a cap on Zhong's liability prior to the power of attorney; even if Ong made such agreements they were outside his authority and Loo did not ratify the unauthorised side agreement limiting Zhong's liability, whereas Loo did ratify the formal variation and loan documents which established joint and several liability and equal ownership, so Loo is not liable for Ong's misappropriation or the side cap.
5 Jul 2017

ZHONG v ONG & OR [2017] NZHC 1537

Citation

[2017] NZHC 1537
Court

High Court

No joint venture existed between plaintiff and second defendant prior to November 2007 because the parties had irreconcilable and substantively different agreements with the first defendant; cash payments made by the plaintiff in 2007 were paid to the first defendant under the plaintiff's agreement with the first defendant and not as agent for the second defendant; the later Nomination Agreement (and its valid variation) created a joint venture between plaintiff and second defendant on equal shares but did not render the second defendant liable for the first defendant's prior misapplication o…
30 May 2016

ZHONG v ONG & OR [2016] NZHC 1142

Citation

[2016] NZHC 1142
Court

High Court

On the balance of probabilities the plaintiff established that the first defendant misappropriated or failed to account for $309,387.62 (Pine Valley Road) and $300,000 (Kahikatea Flat Road); leave to continue was properly granted under s 76(2) Insolvency Act 2006; judgment entered for those sums with interest under the Judicature Act 1908 and costs on a 2B basis with disbursements.

New Zealand Case Law

ZHONG v LOO [2018] NZCA 178

ZHONG v ONG & OR [2017] NZHC 1537

ZHONG v ONG & OR [2016] NZHC 1142