New Zealand Case Law: Decisions & Judgments

Topic

Accounting between partners

Legal area

Court

7 Apr 2022

KIDD v VAN HEEREN [2022] NZCA 117

Citation

[2022] NZCA 117
Court

Court of Appeal

The Court held the High Court erred in principle by authorising payment of the respondent's litigation expenses from the balance of an interim payment ordered under r 7.71 because such payments are for the protection of the plaintiff and the interim fund is, subject to conditions, the plaintiff's; the respondent's asserted impecuniosity was insufficiently established and the application to use those funds constituted an improper redistribution and collateral attack on prior appellate orders; accordingly the order permitting the respondent to draw on the interim payment was discharged and the…
11 Jun 2021

KIDD v VAN HEEREN [2021] NZCA 244

Citation

[2021] NZCA 244
Court

Court of Appeal

The Court upheld the Judge's discretionary refusal to release the interim USD 25 million because the appellants failed to show the Judge erred: there was real risk the ultimate account would be substantially less than the interim sum; the litigation funder LCM had a priority claim likely to consume most of any distribution making recovery of any surplus unlikely; no adequate plan, security, or undertakings were provided to protect against irrecoverability; insufficient admissible evidence was before the Court about the need for immediate release to meet foreign security for costs; and appella…
3 Dec 2020

ZHENG v DENG [2020] NZCA 614

Citation

[2020] NZCA 614
Court

Court of Appeal

The Court of Appeal held that on the facts the parties carried on an overarching business in common with a view to profit and were equal partners from no later than March 2010 until 31 May 2015 (excluding Rosedale Apartments Ltd which sat outside the equal partnership); the High Court's contrary credibility findings and reliance on company external accounts were in error; declaratory relief and an account must be ordered and the $290,000 transfers are to be dealt with in the partnership accounting; the matter is remitted to the High Court for detailed accounting and enforcement of any net sum.
31 Aug 2015

KIDD v VAN HEEREN [2015] NZHC 2082

Citation

[2015] NZHC 2082
Court

High Court

The defendant failed to discharge the onus of proving he is presently unable to comply with the USD25m interim payment; his affidavits were unsatisfactory and did not rebut the issue estoppel arising from the South African judgment or show lack of indirect control over partnership assets, therefore the Court dismissed the variation and discovery applications and upheld the original orders requiring the interim payment and accounting process.
9 Jun 2015

KIDD v VAN HEEREN [2015] NZHC 1270

Citation

(2015) 22 PRNZ 516
Court

High Court

Taking of account is not a 'hearing' for the purposes of r 3.9; access at this pre‑hearing stage is governed by rr 3.11–3.16. Balancing the r 3.16 factors, the Court may restrict public access to the court file and order confidentiality of affidavit material while permitting access to parties, their legal and commercial advisers and investigators; accordingly the defendant's application was partially granted with specified restrictions and limited delay to allow instructions/appeal.

New Zealand Case Law

KIDD v VAN HEEREN [2022] NZCA 117

KIDD v VAN HEEREN [2021] NZCA 244

ZHENG v DENG [2020] NZCA 614

KIDD v VAN HEEREN [2015] NZHC 2082

KIDD v VAN HEEREN [2015] NZHC 1270