New Zealand Case Law: Decisions & Judgments

Topic

Account reconciliation

Legal area

Court

16 Feb 2021

MACNAMARA v MACNAMARA [2021] NZHC 173

Citation

[2021] NZHC 173
Court

High Court

The consent orders do not make reconciliation of Oneheat's accounts a prerequisite to marketing and sale of the Karaka property; reconciliation and sale are addressed by distinct provisions and the independent trustees have discretion to progress marketing and sale forthwith, accordingly the court dismissed Mr Macnamara's application and directed trustees to proceed and Mr Macnamara to provide reasonable assistance.
14 Dec 2015

MCKEOWN GROUP LTD v ELDON MINING LTD and MEATES [2015] NZHC 3186

Citation

[2015] NZHC 3186
Court

High Court

Reconstructing the company ledgers and applying standard commercial practice to the application of payments showed that transfers and credits did not reduce the guarantor's exposure; accordingly Meates had no tenable defence and summary judgment was properly entered for $72,814.98 against both Eldon Mining Limited and Meates.
31 Jul 2015

GRAZ4U LTD v COMBINED VET SERVICES (GORE) LTD [2015] NZHC 1801

Citation

[2015] NZHC 1801
Court

High Court

The application to set aside the statutory demand was dismissed because Graz4u failed to demonstrate a genuine and substantial dispute that the debt was not owing; the demand wording, while clumsy, was not invalid; however Graz4u established that CVS could not establish entitlement to 18% p.a. interest on the account and the recoverable principal was fixed at $51,574.31 to be paid within 15 working days.
15 Mar 2012

MCARTHUR RIDGE INVESTMENTS LIMITED V SCHULZ HC CHCH CIV-2011-409-001680

Citation

openlaw-e3242a44_375e_4f39_b2b9_32190cef384b.pdf
Court

High Court

Liability on the guaranteed loans was established and summary judgment granted for liability, but the plaintiff did not discharge its onus to show there was no arguable defence as to quantum because it failed to provide sufficient evidence about the mortgagee sale process (valuations, detailed marketing steps, negotiations with purchaser) and did not eliminate an arguable case that the default interest rate may be a true penalty; accordingly summary judgment as to amount was refused and a trial on quantum ordered.

New Zealand Case Law

MACNAMARA v MACNAMARA [2021] NZHC 173

MCKEOWN GROUP LTD v ELDON MINING LTD and MEATES [2015] NZHC 3186

GRAZ4U LTD v COMBINED VET SERVICES (GORE) LTD [2015] NZHC 1801

MCARTHUR RIDGE INVESTMENTS LIMITED V SCHULZ HC CHCH CIV-2011-409-001680