6 Nov 2018
ADVANCE APIARIES LIMITED v WAIPUNGA STATION LIMITED [2018] NZHC 2880
- Citation
- [2018] NZHC 2880
- Court
- High Court
Where a funder has a genuine antecedent legal or equitable interest in the subject contract (here effected by a November 2016 asset transfer within related companies), funding litigation in the name of the assignor is not champertous maintenance nor an abuse of process even if the assignment was imperfect or consent to assignment was not obtained; nondisclosure obligations for commercial funders do not automatically extend to intra-group commercial funding.