New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Contractual damages

Legal area

Court

30 Apr 2012

BANK OF NEW ZEALAND v ROWLEY AND SKINNER HC WN CIV-2011-485-2446

Citation

openlaw-3f2172e0_7728_4ee2_840c_12659d650173.pdf
Court

High Court

Defendants had no real defence to liability and to the vast majority of quantum; the court granted partial summary judgment for the overdraft facility reduced by $40,000 to preserve any arguable equitable set-off (overdraft judgment $462,896.35) with interest at 13.42% p.a. from 2 November 2011, and for the full credit card amount $46,860.64 with interest at 14.95% p.a. from 2 November 2011; costs to follow the event on a 2B basis.
18 Nov 2009

PERKINS V PUREA AND ANOR CA CA365/2008

Citation

openlaw-3a19dd33_fabd_42bb_838b_be0aed2de846.pdf
Court

Court of Appeal

The Court held that a 1988 agreement existed creating an equitable interest in favour of Mrs Tangi-Tuake (characterised as an institutional constructive trust), that s 182 did not defeat that prior equitable interest as the Perkins only held an equitable interest pre-registration, that on balance of competing equities the Tangi-Tuake interest prevailed, and accordingly specific performance (transfer of legal title to Mrs Tangi-Tuake) was ordered while the Perkins were confined to equitable damages (award $88,000) and were not entitled to the contractual clause 3.10(2) sum.