New Zealand Case Law: Decisions & Judgments

Topic

Accounting and disclosure

Legal area

Court

6 Sept 2019

PERERA v SINGH [2019] NZHC 2246

Citation

[2019] NZHC 2246
Court

High Court

Court found the 1991 Agency Agreement created fiduciary obligations (not a legally enforceable commercial contract) in respect of the Northland Property and insurance; Mrs Singh participated in management; the Krull Street property was not part of the agency; the March 2004 Power of Attorney created additional fiduciary duties; defendants breached fiduciary duties by making numerous unauthorised transfers, failing to account, withdrawing insurance funds and failing to make/notify premium payments; Limitation Act defences failed; plaintiff entitled to equitable compensation of principal loss a…
9 Mar 2016

FRICKLETON v FRICKLETON [2016] NZHC 389

Citation

[2016] NZHC 389
Court

High Court

The Court held removal of Carl as sole executor and trustee was not expedient: although there were concerns about informality of record keeping, interest claimed and hostility, there was no evidence of self‑dealing or misconduct sufficient to undermine administration for beneficiaries; instead the Court ordered appointment of an independent professional co‑trustee to bring objectivity and comply with the Trustee Act.
7 Aug 2012

THORN, RUSCOE, DOWNES V RFD FINANCE LIMITED HC CHCH CIV-2010-409-2807

Citation

openlaw-98121635_e99f_4530_b766_371ce17d9375.pdf
Court

High Court

The court held it had jurisdiction to grant interim relief under s171 PLA despite the PPSA; the PLA and PPSA regimes are parallel and not inconsistent in this context. On the evidence the circumstances no longer justified RFD remaining in possession because RFD had received receipts sufficient to cover its secured amounts and continued possession risked depleting assets to the detriment of Equitable. The plaintiffs had a reasonably arguable case and the balance of convenience and overall justice favoured interim relief subject to terms and undertakings (trust deposit and retention of future r…

New Zealand Case Law

PERERA v SINGH [2019] NZHC 2246

FRICKLETON v FRICKLETON [2016] NZHC 389

THORN, RUSCOE, DOWNES V RFD FINANCE LIMITED HC CHCH CIV-2010-409-2807