New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Breach of equitable duties

Legal area

Court

6 Jul 2018

GLW Group Limited V Lepionka & Company Investments Limited [2018] NZHC 1658

Citation

[2018] NZHC 1658
Court

High Court

The caveat was removed because the caveator (Paterson) lacked standing in his personal capacity as an undischarged bankrupt (any personal interest vested in the Official Assignee), no evidence supported the alleged 16 November 2016 agreement or any trust, the contractual clauses relied upon did not create a trust or proprietary interest binding the mortgagee and the claimed interest was at best a contractual right contingent on construction of a hut that was never built; the caveat was also overbroad (claimed over whole land) and therefore should be removed; the Court granted restraining orde…
19 Dec 2016

GLW GROUP LTD v LEPIONKA AND COMPANY INVESTMENTS LTD [2016] NZHC 3125

Citation

[2016] NZHC 3125
Court

High Court

Although GLW lacked liquid assets and the land had encumbrances, the Court dismissed the application for security for costs because GLW demonstrated a reasonably arguable case (notably in light of the Court of Appeal's findings in Coltart regarding duty and arguable bad faith by the mortgagee) and the discretionary balance favoured allowing access to the courts rather than imposing security that would likely prevent pursuit of the claim.