New Zealand Case Law: Decisions & Judgments

Topic

Admissions

Legal area

Court

25 May 2023

CARTER v CANTERBURY DESIGN AND DEVELOPMENT LIMITED [2023] NZHC 1249

Citation

[2023] NZHC 1249
Court

High Court

Because the defendants filed express admissions conceding the claim for issuance of 500 ordinary shares and the appointment of the first plaintiff as director, the court entered orders in respect of those heads; the claim for repayment of $50,000 was dismissed because the plaintiffs abandoned it and costs liability was acknowledged but entitlement to indemnity costs was reserved for determination on submissions.
12 Aug 2021

ELLEY v NEW ZEALAND POLICE [2021] NZHC 2097

Citation

[2021] NZHC 2097
Court

High Court

Counsel's failure to advise the appellant of the viable legal challenge to the warrantless s20 searches deprived her of the opportunity to contest unlawfully obtained evidence; the ground searches were unlawful because s20 prerequisites were not met and there were no reasonable grounds for immediate warrantless entry; the unlawfully obtained physical evidence and contemporaneous admissions were inadmissible under s30 Evidence Act 2006; the guilty pleas therefore produced a miscarriage of justice and the convictions were quashed with no retrial directed.
1 Jun 2016

LOWREY v JONATHAN [2016] NZHC 1166

Citation

[2016] NZHC 1166
Court

High Court

Admissions by the defendant, contemporaneous statements and supporting affidavit evidence established that the plaintiff and the deceased were in a continuing de facto relationship at the date of death and that the deceased had validly revoked her 1993 will and therefore died intestate; accordingly the defendant's contrary sworn account was not honest, a declaration of revocation and of the plaintiff's status as de facto partner was made, and the plaintiff had a prior right to letters of administration, but the Court declined to grant letters to the plaintiff on the r 15.15 application as it…
24 Feb 2012

WESTBURY THOROUGHBREDS LIMITED V WEBSTER (AKA WATSON) HC AK CIV-2011-404-5886

Citation

openlaw-c88ecda9_2466_4a59_84e7_341f8ce95e2c.pdf
Court

High Court

The court exercised its discretion to refuse the plaintiff's application for discovery because the discovery sought was not strictly necessary to determine whether the defendant had an arguable defence to the claim; the plaintiff already had a respectable argument based on course of dealing and the GST records would only be ancillary ('icing on the cake') with limited probative weight, and ordering discovery would undermine the summary nature of the proceeding.
11 Jun 2010

COPLAND V GOODWIN HC DUN CIV 2004-412-000346

Citation

openlaw-d816d9b2_92e3_400f_a27c_5b1082b2290e.pdf
Court

High Court

The application to set aside the judgment under r 15.16 fails because the rule addresses only plaintiff conduct at the time of entry of judgment and the defendant produced no evidence of wrongful conduct at that time; the court declined to exercise inherent jurisdiction on the material before it and held that alleged post‑judgment breaches should be pursued by a separate breach of contract proceeding, therefore the application is refused.
8 Feb 2008

G H SECURITIES TRUSTEE LTD V NIELSEN AND ANOR HC AK CIV 2007-404-6521

Citation

openlaw-01bcbb9a_f4a2_4edc_b484_2c33f357cea3.pdf
Court

High Court

The admission was limited to the sum of $509,017.29 but ambiguous as to inclusion of solicitor/client costs and contractual interest; construing the admission in favour of the signatory, the court entered judgment for the net sum of $409,017.29 after the agreed $100,000 credit and awarded costs for the hearing on a 2B basis; statutory interest is available from the date of judgment.

New Zealand Case Law

CARTER v CANTERBURY DESIGN AND DEVELOPMENT LIMITED [2023] NZHC 1249

ELLEY v NEW ZEALAND POLICE [2021] NZHC 2097

LOWREY v JONATHAN [2016] NZHC 1166

WESTBURY THOROUGHBREDS LIMITED V WEBSTER (AKA WATSON) HC AK CIV-2011-404-5886

COPLAND V GOODWIN HC DUN CIV 2004-412-000346

G H SECURITIES TRUSTEE LTD V NIELSEN AND ANOR HC AK CIV 2007-404-6521