New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Property law act s27

  • 15 Jun 2023

    FEDERAL CAPITAL LIMITED v PETER JOHN SIMUNOVICH [2023] NZHC 1500

    Citation
    [2023] NZHC 1500
    Court
    High Court

    The High Court held it was reasonably arguable that the Security Sharing Agreement, a written document signed by the defendant, could be interpreted to include a contract of guarantee within the meaning of s 27(2) Property Law Act 2007; extrinsic evidence may be used to interpret written terms (not to alter them); because factual matrix and discovery were required the interlocutory applications for summary judgment and strike out were properly declined and the defendant's application for leave to appeal those interlocutory decisions and the security for costs decision was refused as the issue…

  • 15 Nov 2022

    FEDERAL CAPITAL LTD v SIMUNOVICH [2022] NZHC 2985

    Citation
    [2022] NZHC 2985
    Court
    High Court

    The defendant's strike-out and summary judgment applications were declined because on the pleadings and affidavit evidence it is reasonably arguable the Security Sharing Agreement and associated documents could constitute a written guarantee or give rise to an obligation enforceable by the plaintiff under s 27(2) PLA; enforceability and issues arising from any assignment to SPH and trustee discretion raise factual and legal questions unsuitable for summary disposal and requiring discovery and full hearing. Security for costs was declined because the threshold belief of impecuniosity was not e…

  • 14 Dec 2018

    KUNG v DVD ADVANCE LTD [2018] NZHC 3319

    Citation
    [2018] NZHC 3319
    Court
    High Court

    The court declined summary judgment for obligations after 23 May 2016 because of a genuine and material factual conflict about termination and alleged oral agreement to release liability; however the court held Mr Ferguson was liable as guarantor under the signed agreement to lease for rent and outgoings to the date of vacation (23 May 2016) because his signature adjacent to 'Guaranteed by' evidenced a binding guarantee within the agreement and met s27 requirements; summary judgment awarded for $36,587.62 against both defendants for sums due to 23 May 2016, with liability for contractual inte…