New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Abuse of process (henderson principle)

Legal area

Court

29 Jun 2020

WEBSTER FARM MANAGEMENT LTD v DARGAVILLE FARMS LTD (IN LIQ) [2020] NZHC 1477

Citation

[2020] NZHC 1477
Court

High Court

The trustees did not discharge the onus for summary judgment because plaintiffs' pleaded case could, with amendment, potentially allege that the trustees had underwritten or otherwise assumed obligations warranting trial; however, bringing those claims at this late stage after extensive prior litigation and a settlement made pursuit of the current proceedings an abuse of process. Therefore summary judgment was dismissed but both causes of action were struck out as an abuse of process under HCR r 15.1(1)(d).
8 May 2012

ONYX BAR & CAFE (CAMBRIDGE) LIMITED V JANS HC HAM CIV 2011-419-1127

Citation

openlaw-e75f9eb7_cb94_4f1b_8e3c_19b1fa7deae5.pdf
Court

High Court

The deed of indemnity and surrounding facts demonstrated the defendant knowingly participated in and procured the breach of the restraint of trade, knew of the contract, intended to participate in the business and benefit, and provided no justification; therefore on the material before the Court there was no real defence and summary judgment was appropriate subject to resolution of the effect of payments made by Mr Wilson on quantum. The Court also released the plaintiff from any undertaking restricting use of the discovered deed.