New Zealand Case Law: Decisions & Judgments

Topic

Summary judgment

Legal area

Court

21 Dec 2023

MULHOLLAND v MULHOLLAND [2023] NZHC 3853

Citation

[2023] NZHC 3853
Court

High Court

Although the application was for leave rather than summary judgment, the leave application was analogous to a summary judgment application because the failure related to assessment of whether merits could be determined summarily; given the overlap with the substantive issues and the difficulty of assessing entitlement at this stage there was a special reason under r 14.8(1) to reserve costs so that costs can reflect the merits determined at trial; the earlier indication that 2B costs were appropriate was recorded for the trial judge but costs are reserved.
20 Dec 2023

WHAKARURU v BATH [2023] NZHC 3796

Citation

[2023] NZHC 3796
Court

High Court

The stay of execution was granted by consent until final determination of the appeal CA 562/2023 on the conditions that the defendant pay the plaintiffs' summary judgment costs on a 2B basis ($14,698.50) plus disbursements ($1,400) within 10 working days, deposit $200,000 security into his solicitor's trust to be held on irrevocable instructions with undertakings regarding distribution, undertake to deposit specified sale proceeds up to a maximum overall amount of $230,604 into trust if properties are sold prior to final determination, and prosecute the appeal with reasonable diligence; leave…
18 Dec 2023

SENIOR TRUST CAPITAL LIMITED v HOLMES [2023] NZHC 2356

Citation

[2023] NZHC 2356
Court

High Court

Where indemnity costs have been awarded under a contractual term, the court will quantify them by assessing the reasonableness of the claimed items and the adequacy of supporting material, disallowing amounts attributable to separate proceedings and allowing GST where the claimant cannot recover input tax; applying that test produced an award of indemnity costs of $112,763.13 plus disbursements of $3,449.76 after abandoning $3,315.00 identified as relating to a separate proceeding.
18 Dec 2023

IBUY PROPERTY LIMITED v HE [2023] NZHC 3012

Citation

[2023] NZHC 3012
Court

High Court

The lease was a sham and a device to enable the registered owner to remain in possession; because the second defendant and the owner acted together dishonestly the second defendant is not entitled to joinder costs, IBuy is entitled to costs against the defendants and a 50% uplift on scale costs for steps after joinder, and the late filing of the costs memorandum is excused by extension of time under r 1.19 given lack of prejudice.
15 Dec 2023

QI v LIANG [2023] NZHC 442

Citation

[2023] NZHC 442
Court

High Court

Defendant received the funds and accepted an obligation to repay, the agreement between the parties was cancelled due to breakdown in relationship/repudiation, but because the plaintiffs' pleaded claim sought accelerated recovery of future instalments (a damages claim in substance) and GST treatment of rent created a real issue as to quantification, summary judgment was appropriate only in part: judgment entered for $65,432.00 representing rent net of GST plus outgoings, with the balance of the claim declined.
15 Dec 2023

HARSONO v FANG [2023] NZHC 3717

Citation

[2023] NZHC 3717
Court

High Court

The defendant established an arguable defence that the parties agreed in the 26 January 2023 WeChat exchange to defer settlement for one year and to waive default interest; that defence raised a real question to be tried and accordingly summary judgment for specific performance was dismissed. The estoppel claim lacked adequate evidential foundation of detrimental reliance for determination on this summary judgment application.
15 Dec 2023

THE CO-OPERATIVE BANK LTD v OPAI [2023] NZHC 1027

Citation

[2023] NZHC 1027
Court

High Court

The Court concluded on the existing material that the May 2021 Facility Schedule and applicable Standard Terms establish the defendant's liability and that failure to supply a physical copy of the Standard Terms, given the Facility Schedule's express references and the defendant's signed acknowledgment, does not provide a reasonably arguable defence. However, a material question remains whether the Bank breached CCCFA s9C by consolidating jointly owed loans into a personal loan without adequately explaining the implications (including loss of enforceable security), and whether unauthorised in…
14 Dec 2023

NEVIS GROUP LIMITED v JACKSON [2023] NZHC 186

Citation

[2023] NZHC 186
Court

High Court

The invoices, read in context, substantially complied with s20(2)(c) and (e) of the Construction Contracts Act 2002 because they identified monthly periods, itemised components with quantities, unit prices and totals and showed the manner of calculation; no payment schedule was issued, so Nevis was entitled to summary judgment on the unpaid invoices. Alternatively, even if the invoices were deficient, Ms Jackson could not rely on her counterclaim as a set-off because she part-paid earlier invoices to procure completion and withheld final payment opportunistically, so it would be unjust to den…
11 Dec 2023

JOSALI TRUST LTD v SPENCER [2023] NZHC 3608

Citation

[2023] NZHC 3608
Court

High Court

By consent, summary judgment is appropriate where parties agree the debt is owing; accordingly judgment was entered for the plaintiff for the principal sum, contractual interest under s22 of the Interest on Money Claims Act 2016 for the pre-judgment period, post-judgment interest at the prescribed rate under ss10 and 12, and costs on a 2B basis.
6 Dec 2023

WENYUE HE v BANK OF NEW ZEALAND [2023] NZSC 162

Citation

[2023] NZSC 162
Court

Supreme Court

The Court dismissed leave because service was valid: Mr Yuan had at least ostensible authority to accept the s 119 notice and Bella had been removed from the Companies Register so service on it was not required; on the facts BNZ took reasonable steps under s176 and the applicant could not establish at trial a breach that would defeat summary judgment, so no question of general or public importance or miscarriage of justice justified leave.