New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Trustee duties and breaches

Legal area

Court

17 May 2018

HICKMOTT v TATE [2018] NZHC 1091

Citation

[2018] NZHC 1091
Court

High Court

Leave to commence by Part 19 on a without-notice basis was refused because the applicants' allegations are contested and serious (alleged incapacity and breaches by trustees), such matters require full pleadings and likely interlocutory steps, and Part 19 and without-notice procedure are inappropriate for contested disputes; applicants were directed to commence ordinary proceedings by statement of claim.
1 Nov 2006

SHORTER V REYNOLDS HC AK CIV -2006-404-003477

Citation

openlaw-7ac54b64_892d_45ac_847f_92c7bcd4ddd3.pdf
Court

High Court

Plaintiff failed to affirmatively demonstrate good reason to displace the presumption under r 476C that a discontinuing plaintiff pays the defendant's costs, and because the defendant was cooperating (price dispute only, ultimately vindicated) the plaintiff must pay costs to the defendant on a 2B basis with disbursements to be fixed by the Registrar.