New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Section 227 dissent

Legal area

Court

23 Feb 2010

DORCHESTER FINANCE LIMITED V NGAHUIA LIMITED AND ORS HC AK CIV-2009-404-2529

Citation

openlaw-397c878c_2ed1_45f9_b1a0_2b28d17c3fe0.pdf
Court

High Court

The Court recalled the prior judgment and amended it to enter judgment against all trustees of the Opepe Farm Trust to ensure the trust is clearly liable and enforceable, while limiting personal liability to the trustees who did not validly dissent (Hupa James Maniapoto, James Heemi Biddle and Owen Purcell), because s227(6) absolves dissenting trustees from personal liability but does not protect the trust from liability and a sealed court determination is required to enable enforcement.
8 Feb 2010

DORCHESTER FINANCE LIMITED V NGAHUIA LIMITED AND ORS HC AK CIV-2009-404-2529

Citation

openlaw-d3d3fef0_010f_44fc_829c_8deb35631598.pdf
Court

High Court

Court held consideration was sufficient because Dorchester's advance to TWVHL conferred a real benefit in the commercial context; trustees identified as borrowers bound the trust where a majority of trustees validly authorised the contract under s227 so those trustees were personally liable; two Opepe trustees (Biel and Rameka) had arguable s227(6) written dissent defences so summary judgment against them was declined; other trusts where majority did not sign could not be bound and summary judgment was dismissed as to those trustees; unconscionability, non est factum and Fair Trading Act defe…