New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Summary judgment discretion

Legal area

Court

22 Jun 2021

DONUT EXPRESS LIMITED (IN LIQ) v JAQUES [2021] NZHC 1501

Citation

[2021] NZHC 1501
Court

High Court

The judge exercised discretion to dismiss the summary judgment application because the defendant had paid the substantial part of the debt, negotiations indicated a likely concession reducing the modest outstanding sum, and it would be unjust to enter summary judgment against the defendant (and the second defendant) for that modest amount.
29 Feb 2012

BANK OF NEW ZEALAND V ANTHONY EDWARD KEANE HC AK CIV-2011-404-005482

Citation

openlaw-7050e2f8_9dc1_407a_8492_5fbbeab0f78b.pdf
Court

High Court

Defendant had no arguable defence: the Bank obtained independent valuation advice and appointed an experienced agent, ran a reasonable marketing campaign taking prior exposure into account, and the sale result reflected the market under prevailing conditions; the CCCFA and Fair Trading Act allegations were not tenable on the pleaded facts; no principled basis existed to exercise discretion to refuse summary judgment; summary judgment entered for the Bank.