New Zealand Case Law: Decisions & Judgments

Topic

Tomlin order

Legal area

Court

22 Nov 2023

FCT TRUSTEE LTD v MEREDITH [2023] NZHC 3318

Citation

[2023] NZHC 3318
Court

High Court

The Court dismissed the application because it lacked jurisdiction and basis to substantially rewrite the Settlement Agreement appended to the Tomlin Order: the Agreement is a commercial contract interpreted by ordinary contractual principles, the applicant failed to establish illegitimate pressure/duress sufficient to void or vary the agreement, procedural routes pursued were inappropriate for setting aside contractual terms, and the liquidation of the former corporate trustee raised creditor and indemnity rights that preclude the relief sought. Additionally, a corporate trustee must be repr…
7 Sept 2023

SOROKA v MEREDITH [2023] NZHC 2510

Citation

[2023] NZHC 2510
Court

High Court

The applications were dismissed because (1) Mr Soroka lacked standing in his personal capacity to vary the Tomlin order as he was not a trustee and had been incorrectly named; (2) the reserved leave in the Tomlin order was limited to implementing the original settlement and did not authorize the broad amendments sought; and (3) the declarations sought were substantive final relief improperly pursued by interlocutory application rather than by originating proceedings under the Declaratory Judgments Act/Part 18. The court recorded that the liquidators accepted clause 25.1 likely removes FCTL as…
27 Jun 2023

STEWART v STEWART [2023] NZHC 1609

Citation

[2023] NZHC 1609
Court

High Court

The Court approved the Tomlin Order: proceedings are stayed by consent except for the purpose of carrying the Heads of Agreement into effect, and leave is granted to apply for further orders to implement those terms.
1 Feb 2023

ALLOTT v COMMISSIONER OF INLAND REVENUE [2023] NZHC 57

Citation

[2023] NZHC 57
Court

High Court

The Court recorded the parties' agreed costs and disbursements by consent, made a Tomlin-style stay of further proceedings to permit enforcement of the agreed payment schedule, granted leave to the respondent to apply to carry the terms into effect, and declined to permit enforcement 'without further notice'—requiring any enforcement through the court to be on notice.
12 Aug 2021

AXIOS PROPERTY MANAGEMENT LIMITED v MALLOO ENTERPRISES LIMITED [2021] NZHC 2105

Citation

[2021] NZHC 2105
Court

High Court

The court approved the parties' agreed Tomlin Order and ordered that all further proceedings be stayed except for the purpose of carrying the settlement terms into effect, with leave reserved to either party to apply to give effect to those terms.
28 May 2021

THOMAS v CROSS [2021] NZHC 1225

Citation

[2021] NZHC 1225
Court

High Court

On consent the court stayed all further proceedings except for the purpose of carrying the terms of the Deed of Settlement dated 16 May 2021 into effect and specifically excluded cl 13 and the disclaimers in cll 12 and 20 from the stay, permitting the settlement deed to remain a separate identified confidential document rather than a public schedule of the order.
4 Nov 2020

NZ SOURCED LIMITED (IN LIQUIDATION) v ROUGHNAN [2020] NZHC 2896

Citation

[2020] NZHC 2896
Court

High Court

The Court approved the parties' agreed Tomlin Order and stayed all further proceedings except for the purpose of carrying the agreed terms into effect, granting leave to the plaintiff to apply as to carrying those terms into effect.
12 Nov 2014

EUROPEAN WOODWORKS LIMITED v HABERMANN AND ANOR [2014] NZHC 2802 [12 November 2014]

Citation

[2014] NZHC 2802
Court

High Court

The undertakings were clear, unequivocal and co-extensive with the contractual restraint, they addressed the plaintiff's fundamental dispute and therefore resolved the plaintiff's claim; there was no identified change of circumstances justifying release of the undertakings and accordingly the plaintiff was entitled to costs on a 2B basis plus disbursements; the defendants may apply to the court if they seek release or amendment of the undertakings and were given time to do so.
5 Dec 2013

CALDER STEWART INDUSTRIES LIMITED v JOIE DE VIVRE CANTERBURY LIMITED [2013] NZHC 3247

Citation

[2013] NZHC 3247
Court

High Court

The Court, exercising its discretion and on the parties' consent, approved the Tomlin Order, stayed all further proceedings except for the purpose of carrying the settlement terms into effect or enforcing them, and ordered that the court file may be accessed only by leave of a Judge.
22 Jul 2013

CALDER STEWART INDUSTRIES LIMITED v JOIE DE VIVRE CANTERBURY LIMITED[2013] NZHC 1831

Citation

[2013] NZHC 1831
Court

High Court

The Court, by consent, approved the Tomlin order and ordered that all further proceedings be stayed except for carrying the agreed terms into effect or enforcing them, and reserved leave to apply on not less than seven days' notice.