New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Security

  • 8 May 2019

    PROVIDENT INSURANCE CORPORATION LIMITED v THE COMMISSIONER OF INLAND REVENUE [2019] NZHC 995

    Citation
    [2019] NZHC 995
    Court
    High Court

    The insurance premia for the CCI and GAP policies are taxable supplies, not exempt financial services. The supplier's contract is insurance to the insured (debtor); the policies do not create a security over property nor a contractual indemnity to the creditor in the sense intended by s 3(1)(h), nor do the insurer's payments change character to payments of principal or interest under ss 3(1)(ka) and (l). Expert opinion purporting to assert legislative intent or make legal submissions was inadmissible. The plaintiffs failed to discharge the onus to show the Commissioner's assessments were inco…

    • Financial services exemption
    • Gst on insurance premia
    • Credit contract insurance
    • Indemnity
    • Security
    • Payment of principal and interest

  • 31 Jul 2007

    YANG V KO AND ANOR HC AK CIV 2005-404-4583

    Citation
    openlaw-fa484109_0ee8_4419_b3a4_cf4cc0ad8d85.pdf
    Court
    High Court

    Summary judgment was neither fraudulently nor improperly obtained because the plaintiff honestly believed the Bond of Debt/Deed of Indebtedness reflected the true agreement and there was no live issue of personal liability warranting disclosure of the Investment Agreement; counsel's attendance without leave and without instructions did not constitute an appearance under r143; and the alleged defence that the loan was to the company has no realistic prospect of success given the defendant's conduct and failure to raise the point earlier, so there is no miscarriage of justice.

    • Summary judgment
    • Setting aside judgment
    • Rescission for fraud or improper conduct
    • Miscarriage of justice
    • Loan agreement
    • Security