New Zealand Case Law: Decisions & Judgments

Topic

Accounting

Legal area

Court

19 Aug 2022

KERRI-ANN MAREE HALLIDAY v SHANE CHRISTOPHER HANNAH [2022] NZHC 2066

Citation

[2022] NZHC 2066
Court

High Court

Summary judgment was declined because disputed factual and credibility issues exist regarding the trustee's state of mind and knowledge at the time of the 2021 transfer and because the Trust Deed and the pleadings do not establish an unambiguous basis for an order for sale; even if sale were available, mandatory discretionary considerations (including contributions and hardship) require a full factual inquiry unsuited to summary disposition.
8 Jul 2022

COMMERCIAL FACTORS LIMITED v SCENIC HOTEL GROUP LIMITED [2022] NZCA 300

Citation

[2022] NZCA 300
Court

Court of Appeal

The Court held that an operating pre-contractual joint venture existed between Commercial Factors Ltd and Scenic Hotel Group Ltd from June 2011 until 26 March 2015; Pacific Hotels Ltd was not indebted to Factors for NZ$6.25m because Factors retained legal and beneficial ownership of the hotel and Pacific's occupation did not transfer beneficial title; declaratory relief as to existence and duration of the joint venture was appropriate but an order for the taking of an account was not ordered because Pacific's liquidation was inevitable and issues including entitlement to insurance proceeds we…
30 Jul 2020

COMMERCIAL FACTORS LIMITED v SCENIC HOTEL GROUP LIMITED [2020] NZHC 1868

Citation

[2020] NZHC 1868
Court

High Court

The Court refused to order an accounting because PHL appeared insolvent, the shareholders were deadlocked, and liquidation was immediately available and preferable: a liquidator can independently realize assets, determine liabilities and resolve competing claims more efficiently and with potentially less cost than a court-directed accounting; additionally the accounting sought represented new executory relief not properly within the pleaded case and unnecessary given liquidation was appropriate.
13 Dec 2019

COMMERCIAL FACTORS LIMITED v SCENIC CIRCLE HOTELS LIMITED [2019] NZHC 3243

Citation

[2019] NZHC 3243
Court

High Court

Paragraph [265](b) was recalled and deleted because the order granted relief that had not been pleaded or argued and the defendants had not been put on notice; this constituted a 'very special reason' justifying recall under r 11.9 High Court Rules, and the matter was adjourned for a further hearing on relief so the parties could present submissions on whether and in what terms relief should be granted.
25 Jul 2019

KIDD v VAN HEEREN [2019] NZHC 1761

Citation

[2019] NZHC 1761
Court

High Court

Fogarty J's 2015 disclosure orders remained unperformed and the defendant's and the foundations' disclosures were inadequate; the High Court therefore granted the plaintiff's application and ordered the defendant to provide a complete list of all assets in which he had an interest since January 1991, to exercise all powers at his disposal to obtain required information from the Gerda and Timbavati Foundations and other entities, and to obtain independent certification that all available steps were exhausted, because the Court has power to compel such steps to secure effective disclosure and c…
8 May 2019

WHITFORD PROPERTIES LTD (IN LIQ) v COUMAT LTD [2019] NZHC 1001

Citation

[2019] NZHC 1001
Court

High Court

The proceeding was struck out as an abuse of process because WPL could and ought to have raised its claims to a share of later sale proceeds and forfeited deposits in the earlier 2014 proceeding; WPL had notice of Coumat's intention to obtain consents and sell, had sought freezing relief, and prior judgments limited WPL's remedies to recovery of surplus from the mortgagee sale and rejected ongoing proprietary claims to subsequent gains, so permitting the later claims would improperly relitigate matters and defeat finality.
31 Oct 2018

HOEBERECHTS v SPROTT [2018] NZHC 2818

Citation

[2018] NZHC 2818
Court

High Court

The Court granted in part and refused in part the defendant's application for further particulars: particulars as to continuous personal and business use of the property and Mercedes were sufficient; plaintiff must specify the finance deadline for the alleged conditional purchase and must specify the date when the defendant first fell into breach regarding failure to sell and the date by which accounts should have been provided (all by 28 November 2018); did not require particulars on foreseeability because the claim is one of fiduciary infidelity/disloyalty where foreseeability/remoteness do…
19 Jun 2017

EASTON v LARSEN [2017] NZCA 258

Citation

[2017] NZCA 258
Court

Court of Appeal

The pleaded claim cannot succeed because it does not allege dishonesty or any conduct amounting to a fiduciary breach outside the scope of the trust deed indemnity; on the pleaded facts the claim is at best negligent trust administration barred by the indemnity clause (and in any event by the Limitation Act) and is incapable of being cured by amendment.
10 Nov 2016

BAXTER v COLEMAN [2016] NZHC 2693

Citation

[2016] NZHC 2693
Court

High Court

Court found the oral management contract was between Baxter and Coleman personally; Coleman owed fiduciary duties which he breached by failing to account and by retaining/disclosing grant and Recorded Music monies; the unsigned draft agreement was not accepted and promissory estoppel/variation failed; plaintiff validly terminated for cause; counterclaims dismissed; plaintiff awarded NZD 307,287.27 plus interest and costs.
30 May 2016

ZHONG v ONG & OR [2016] NZHC 1142

Citation

[2016] NZHC 1142
Court

High Court

On the balance of probabilities the plaintiff established that the first defendant misappropriated or failed to account for $309,387.62 (Pine Valley Road) and $300,000 (Kahikatea Flat Road); leave to continue was properly granted under s 76(2) Insolvency Act 2006; judgment entered for those sums with interest under the Judicature Act 1908 and costs on a 2B basis with disbursements.