New Zealand Case Law: Decisions & Judgments

Topic

Separation agreement

Legal area

Court

4 Jun 2021

JIANG v LIU [2021] NZHC 1313

Citation

[2021] NZHC 1313
Court

High Court

Clause 5 of the separation agreement created a clear contractual obligation for the first defendant to account for the plaintiff's 27.5% beneficial interest in L & G Kingsland Limited; damages were inadequate and the court therefore ordered specific performance by way of a court-approved valuation as at the date of judgment, payment of the cash equivalent into the plaintiff's solicitor trust account and transfer of the plaintiff's one share to the first defendant subject to the specified disclosure and timing directions.
13 Sept 2012

CHAPMAN AND OKKERSE AS TRUSTEES FOR THE JANETTE OKKERSE FAMILY TRUST V CAUGHLEY AND BURRELL AND KB 2012 LTD AS TRUSTEES FOR THE RB (NO.1) INVESTMENT TRUST HC WN CIV-2012-485-857

Citation

openlaw-d9341b15_5edb_4954_a073_6d97494ca45a.pdf
Court

High Court

Plaintiffs failed to establish a prima facie entitlement to the claimed principal and interest on the material before the Court because of significant evidentiary gaps and inconsistencies (notably entitlement to interest absent express post-term agreement, uncertain allocation of the $1,167,812.18 payment, absence of trust financial statements and unclear interest periods); accordingly summary judgment was refused and the matter requires further evidence and trial.
12 Feb 2007

KENNEDY V KENNEDY HC HAM CIV 2006-419-809

Citation

openlaw-e946e008_ec32_4654_bfdd_d7c5e11be7b3.pdf
Court

High Court

The Browne v Dunn rule did not preclude the trial Judge from disbelieving McMullin and Schipper because the witnesses and parties had clear notice the issue would be contested, briefs had been exchanged, the witnesses' evidence was brief and vague, and the trial Judge properly assessed credibility; the Judge found the purchaser paid less than $7,000 for chattels (not $20,000 for the house), so there was no undisclosed consideration, no breach entitling cancellation, and the District Court judgment in favour of the respondent was upheld.

New Zealand Case Law

JIANG v LIU [2021] NZHC 1313

CHAPMAN AND OKKERSE AS TRUSTEES FOR THE JANETTE OKKERSE FAMILY TRUST V CAUGHLEY AND BURRELL AND KB 2012 LTD AS TRUSTEES FOR THE RB (NO.1) INVESTMENT TRUST HC WN CIV-2012-485-857

KENNEDY V KENNEDY HC HAM CIV 2006-419-809