New Zealand Case Law: Decisions & Judgments

Topic

Charging orders

Legal area

Court

3 Oct 2023

XING v LI AND OTHERS [2023] NZCA 482

Citation

[2023] NZCA 482
Court

Court of Appeal

The Court granted a limited interim stay: it refused to stay completion of all settlements but ordered that the Registrar of the High Court at Auckland retain the proceeds of sale for lots 95 and 118 pending determination of the out-of-time leave applications (or earlier direction), concluding that retention of those specific proceeds was necessary to prevent the appeals being rendered nugatory while avoiding undue prejudice to others.
21 Jun 2023

BODY CORPORATE 172108 v CUMMINS [2023] NZHC 1535

Citation

[2023] NZHC 1535
Court

High Court

Application to halt the adjudication dismissed: an unliquidated contingent cross-claim and related equitable arguments do not justify staying a long-outstanding, immediately payable judgment debt; the Body Corporate is not a secured creditor for insolvency purposes and its caveat was reasonably lodged and judicially sustained; exercise of s 38 discretion weighed against a halt given the litigation history and risk to creditors.
6 Jun 2023

LAWTON v REDEMPTECH HOLDINGS PTE LTD [2023] NZHC 1394

Citation

[2023] NZHC 1394
Court

High Court

Costs awarded to defendants on a 2B basis with specific items allowed and disallowed after review of the file and submissions; Calderbank offer did not result in indemnity costs because defendants did not previously quantify costs for steps after the offer and did not press the point sufficiently; earlier costs awarded to plaintiff could not be set off because they were awarded against a different defendant.
20 Dec 2022

PRESTIGE MOTORS LTD v MY TRUSTEE COMPANY (NIK and PET) LTD [2022] NZHC 3571

Citation

[2022] NZHC 3571
Court

High Court

Costs awarded to plaintiff on a 2B basis for both the unsuccessful application for leave and the liquidation proceedings. The court disallowed the respondent's claim for preparation of the respondent's bundle (cost $717 and disbursement $111.60) and reduced the claimed time for the second 20 July 2022 memorandum from 0.4 to 0.2 of a day. Otherwise the claimed items were appropriate and justified under Schedule 3 itemisation and the circumstances of the hearings, including allowance for necessary supplementary submissions.
29 Nov 2022

SHARMA v WATI [2022] NZCA 583

Citation

[2022] NZCA 583
Court

Court of Appeal

Interim charging orders that no longer secure any extant judgment debt because the underlying debts have been paid cannot be made final in order to attach to and satisfy subsequent or different costs awards; the High Court erred in making such interim charging orders final and directing disbursement of funds on that basis, so the interim charging orders must be discharged and related orders adjusted.
23 Sept 2022

LUO v SHIU and CSR POKENO LIMITED v LUO [costs] [2022] NZHC 2449

Citation

[2022] NZHC 2449
Court

High Court

Because both parties were partially successful—the respondents succeeded in challenging the adequacy of charging orders and undertakings and the applicants succeeded in offering a registered mortgage and some funds—the court concluded it was not consistent with the general costs principle to award costs to either party; therefore costs lie where they fell.
18 Jul 2022

LUO v SHIU and CSR POKENO LIMITED v LUO [2022] NZHC 1707

Citation

[2022] NZHC 1707
Court

High Court

The Court granted a stay of execution pending determination of the appeal conditioned on the applicants providing adequate security within 15 working days: (1) $800,000 paid into Pidgeon Judd trust (if not already paid); (2) a first registered mortgage over 2 Orion St, Papakura in favour of the respondents with a priority amount of $1,000,000 (applicants to bear costs); and (3) a bank bond in favour of the Court for the remaining judgment sums plus interest or alternatively an undertaking from Pokeno West that it will not approve sale of the Munro Rd property; statutory demands were set aside…
13 Apr 2022

SHARMA v WATI [2022] NZHC 772

Citation

[2022] NZHC 772
Court

High Court

Recall refused: counsel's failure to draw a relevant factual matter to the court did not justify disturbing the minute because the distribution order had been acted upon and proceeds distributed, finality of litigation and available enforcement remedies for earlier orders make recall inappropriate; no special reason in the interests of justice was established and the proper remedy is enforcement of the extant Family Court/High Court orders regarding other relationship property.
24 Feb 2022

GILMORE v GILMORE [2022] NZHC 274

Citation

[2022] NZHC 274
Court

High Court

The court recorded a consent judgment for $257,000 plus contractual interest because the defendants accepted liability; it imposed enforceable terms to secure payment (judgment to lie in court unsealed for 120 days and requirement to grant security over specified apartments within 10 working days, with a right to register charging orders if security not granted) and reserved costs for determination on submitted briefs.
15 Feb 2022

HE v EARTHQUAKE COMMISSION [2022] NZHC 191

Citation

[2022] NZHC 191
Court

High Court

The court exercised its discretion under r 17.52 to extend the charging orders for six months to allow the first defendant to make a final enforcement decision and to permit the defendants time to prepare and file any application for sale or other enforcement; extension to 15 August 2022 was necessary and just.