New Zealand Case Law: Decisions & Judgments

Topic

Conversion and detinue

Legal area

Court

20 Feb 2013

WARREN METALS LTD V GRANT AND KHOV HC AK CIV-2012-404-005190

Citation

openlaw-fa39fba2_1038_4d2c_a965_9ea35b6bdbc0.pdf
Court

High Court

The District Court has jurisdiction to hear personal claims against liquidators for tortious interference with property owned by third parties; ss 248 and 284 of the Companies Act 1993 do not oust District Court jurisdiction for such personal claims and do not prevent third parties suing liquidators personally; issues of liability and passing of property are to be determined by ordinary common law principles in the District Court.
25 May 2012

BLACK V GILTECH PRECISION CASTINGS (2004) LIMITED HC DUN CIV-2010-412-000105

Citation

openlaw-3b51dca2_585b_4c87_ac2c_306c621d210f.pdf
Court

High Court

The Court found on the balance of probabilities that the plaintiff had agreed to the five‑year requirement and the terms recorded in Schedule 6; the drafts recorded that agreement; the defendants acted in accordance with that binding agreement (and estoppel); their conduct was not oppressive under s174; all causes of action failed and judgment was entered for the defendants.
23 Nov 2011

TAKAMORE V CLARKE COA CA525/2009

Citation

COA CA525/2009
Court

Court of Appeal

Tūhoe burial custom did not meet the common‑law recognition test because it authorises unilateral taking of a body (use of force) which is incompatible with the fundamental common‑law principle that rights must not be enforced by 'might' and thus fails the reasonableness limb; accordingly it is not part of the common law. Nonetheless the common law should, where practicable, require executors to take indigenous burial customs and collective family negotiation into account as a relevant cultural consideration; on the facts the executrix was entitled to possession and the appeal is dismissed an…
20 Mar 2008

HELILOGGING HOLDINGS LIMITED (IN RECEIVERSHIP) AND ORS V MARK WAYNE FORD AND ANOR HC NWP CIV 2007-404-578

Citation

openlaw-6227e481_260e_4e42_beba_09ada9e9acb6.pdf
Court

High Court

The Court ordered delivery up to plaintiffs and/or their agents of the assets listed in items 3, 4, 5 and 6 of the amended application (Class 1 and Class 2 assets) because the receivers and CFL had enforceable rights to possession and sale under the GSAs and the March agreement did not prevent sale of those assets; the Court declined to order delivery of the retained Wessex helicopters and associated spares (Class 3) because the validity of termination of the March agreement raised serious issues requiring trial and the risk of injustice from ordering final mandatory relief was higher; the de…

New Zealand Case Law

WARREN METALS LTD V GRANT AND KHOV HC AK CIV-2012-404-005190

BLACK V GILTECH PRECISION CASTINGS (2004) LIMITED HC DUN CIV-2010-412-000105

TAKAMORE V CLARKE COA CA525/2009

HELILOGGING HOLDINGS LIMITED (IN RECEIVERSHIP) AND ORS V MARK WAYNE FORD AND ANOR HC NWP CIV 2007-404-578