New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Debarment

Legal area

Court

19 Oct 2022

GAUTAM JINDAL v JARDEN SECURITIES LIMITED (FORMERLY OM FINANCIAL LIMITED) [2022] NZSC 122

Citation

[2022] NZSC 122
Court

Supreme Court

Leave to appeal was dismissed because s 74(4) makes it unnecessary for the Supreme Court to hear an interlocutory debarment issue before the substantive discovery and underlying proceedings are resolved; concurrent determinations by the three lower courts did not demonstrate error; the alleged conflict of duty was speculative and could be managed by measures such as an ethical wall; consequently the s 74(2) criteria for leave were not met.
31 May 2022

SM v LFDB [2022] NZHC 1231

Citation

[2022] NZHC 1231
Court

High Court

The application was dismissed because the funds were legally owned by the plaintiff under prior court orders and the applicant was not an innocent third party but acted recklessly by accepting instructions despite knowledge of the defendant's debarment and without verifying the continuing force of the freezing order, so relief to retain the funds was denied.
7 Sept 2021

LFDB v SM [2021] NZCA 445

Citation

(2021) 25 PRNZ 794
Court

Court of Appeal

The appeal was struck out because the Registrar properly refused to accept an application from a litigant who had been validly debarred; the proposed High Court re‑opening of earlier judgments was an abuse of process, there were no exceptional circumstances to warrant recall, and the appeal was frivolous, vexatious and properly struck out under r 44A.