New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Admission of cause of action

  • 13 Dec 2019

    EASTLAND OFFICE COFFEE SYSTEMS LTD v NOBILO [2019] NZHC 3307

    Citation
    [2019] NZHC 3307
    Court
    High Court

    Because the defendant executed a clear admission of the cause of action under r 15.16 and did not seek to be heard, judgment was properly entered on the admission and the court fixed costs on a 2B basis but disallowed a specific contested disbursement item of $717, resulting in costs of $9,082 plus disbursements of $1,400.

    • Guarantee enforcement
    • Admission of cause of action
    • Costs assessment (2b)
    • Summary judgment

  • 13 Jun 2018

    RIKA v MORRISON KENT [2018] NZHC 1406

    Citation
    [2018] NZHC 1406
    Court
    High Court

    The firm had ceased acting for the appellant in March 2015 so no conflict existed; the email correspondence, read objectively, did not create a binding condition precluding any entry of judgment for 12 months but required interim payments and good faith communication, which the appellant failed to provide; entry of judgment was therefore permissible and the appeal is dismissed.

    • Admission of cause of action
    • Conflict of interest
    • Setting aside judgment
    • District court rules r 15.13
    • Enforcement of judgment

  • 19 Dec 2013

    P (SC 87/2012) v BRIDGECORP LIMITED (IN RECEIVERSHIP AND IN LIQUIDATION) [2013] NZSC 152

    Citation
    [2013] NZSC 152
    Court
    Supreme Court

    The Supreme Court (majority) held that a plaintiff may file an admission signed in advance by the defendant (acting effectively as agent) provided proceedings are filed and the defendant is properly served; an admission that sets out the principal and a clear mechanism for calculating interest, costs and other charges complies with r 15.16(4) so long as the exact sum can be precisely ascertained; r 15.16(2) confers a general discretionary power to permit withdrawal in the interests of justice but refusal may be appropriate where the defendant has not challenged underlying liability; according…

    • High court rules r 15.16
    • Admission of cause of action
    • Confession of judgment/warrant of attorney
    • Withdrawal of admission
    • Set aside judgment
    • Duress unconscionability undue influence