New Zealand Case Law: Decisions & Judgments

Topic

Summary judgment procedure

Legal area

Court

26 Oct 2023

SENIOR TRUST CAPITAL LIMITED v HOLMES [2023] NZHC 3001

Citation

[2023] NZHC 3001
Court

High Court

The Court granted leave for Mr Bullock to withdraw as counsel, subject to conditions: his explanatory memorandum is to be sealed and not searchable without leave, the withdrawal takes effect only upon filing an affidavit of service of the application on the defendants, and he must advise the Court and Senior Trust of the latest known addresses. The Court accepted that reasons may be privileged and that sealed material may be considered by the Court to protect privilege while permitting case management to proceed.
16 Jun 2023

O’DONOGHUE v COMIA [2023] NZHC 1495

Citation

[2023] NZHC 1495
Court

High Court

Discovery of the entire WRMK file relating to the sale of 15 Old Parua Bay Road and the 6 April 2020 settlement agreement was ordered because the documents are directly relevant to whether the defendant contracted out of his intestacy entitlement and to contested factual issues bearing on enforceability; no effective privilege objection was raised to prevent disclosure and discovery before summary judgment was justified to enable the Court to determine whether a genuine defence exists.
21 Feb 2023

CARTREF REMUERA TRUSTEE LIMITED v LE AND YU [2023] NZHC 256

Citation

[2023] NZHC 256
Court

High Court

The plaintiff's application for summary judgment was dismissed because there existed genuine, unresolved issues of fact and law on whether the defendant's oral three working day limitation was communicated and whether the agent receiving acceptance had authority to bind the defendant; the defendant's sworn evidence could not be rejected on the papers and therefore summary judgment was inappropriate.
15 Dec 2022

OFFICIAL ASSIGNEE v RAJPUT [2022] NZHC 3446

Citation

[2022] NZHC 3446
Court

High Court

The Court granted the s 339 sale order because the s 342 factors weighed in favour of sale: the property is the only realisable asset of material value in the bankrupt estate, unsecured claims and administration costs exceed the bankrupt's equity, the co-owner failed to accept or propose reasonable market offers or purchase the Assignee's share, and no opposition was filed; accordingly sale with a $1,050,000 reserve and a 28-day stay to permit purchase was ordered.
18 Jul 2022

CUMMING v SMYTH [2022] NZHC 1701

Citation

[2022] NZHC 1701
Court

High Court

Because the defendant did not contest the application, the property was vacant, deteriorating and subject to mortgage arrears, and the statutory considerations in s342 favoured sale, the Court exercised its s339 and s343 discretion to grant summary judgment ordering sale by deadline treaty with specified sale and disbursement directions and a $200,000 retention pending determination of occupation rent and contribution claims.
4 Dec 2020

COFFEY v WALKER [2020] NZCA 621

Citation

[2020] NZCA 621
Court

Court of Appeal

Summary judgment was rightly refused because the affidavits and documentary record disclosed reasonably arguable factual disputes — including credible evidence that could support a finding of material misrepresentation and that the respondent's conduct could amount to a communicated cancellation — matters requiring discovery and cross-examination and therefore not suitable for disposal on summary judgment.
12 Nov 2020

CARRICK v CARRICK [2020] NZHC 3005

Citation

[2020] NZHC 3005
Court

High Court

By consent the court removed Jonelle Maree Carrick as executrix and trustee and appointed Perpetual Trust Ltd as sole executor and trustee; the court reserved costs pending receipt of a report from Perpetual Trust Ltd about the administration by the defendant and adjourned the proceeding to allow that report to be filed and assessed for costs determination.
14 Oct 2020

Elite Ltd (in liq) v Ballan [2020] NZHC [2701]

Citation

Elite Ltd (in liq) v Ballan [2020] NZHC [2701]
Court

High Court

Associate Judge Smith found Ballan breached duties and misapplied grant funds: liability established for misapplication and breaches of ss 131, 133, 136 and 137; causation of loss to the company established; quantification and discretionary relief under s 301 are matters for trial; s 135 claim may be arguable and is left to proceed.
23 Sept 2020

BANK OF NEW ZEALAND v BATCHELOR [2020] NZHC 2489

Citation

[2020] NZHC 2489
Court

High Court

Because the defendants had validly guaranteed CSAL's obligations, defaults and formal demands occurred, defendants failed to pay and filed no defence or any arguable defence, the court was entitled to and did grant summary judgment against both defendants for the specified judgment amount plus costs and continuing interest at the contractual default rates.
3 Jul 2020

OPTIMIZER HQ LTD v BANK OF NEW ZEALAND [2020] NZHC 1570

Citation

[2020] NZHC 1570
Court

High Court

Costs were fixed on a 2B basis; certification for second counsel was declined because the matter was straightforward and a single counsel sufficed; the common bundle was prepared by Smartpay so BNZ could not separately claim for its preparation; Smartpay was obliged to file a statement of defence under r 12.4(3) and (4) and is entitled to recover 2B costs for that step; accordingly OHQL ordered to pay BNZ $8,365 plus disbursements $1,130.43 (total $9,495.43) and Smartpay $15,057 plus disbursements $1,519.64 (total $16,576.64).