New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Debt claim

  • 10 May 2021

    SUN v WEI [2021] NZHC 1040

    Citation
    [2021] NZHC 1040
    Court
    High Court

    The Court found that the plaintiff has an arguable case that consideration exists because the loans advanced and the granting of extended time to repay (forbearance to sue) can constitute consideration, and antecedent indebtedness may support the instruments as promissory notes under the Bills of Exchange Act; consequently it was not appropriate to strike out the claim or enter summary judgment for the defendants, and the caveat could not be removed as it rests on an arguable mortgage interest.

  • 6 Nov 2014

    KRZANIC v SULLIVAN [2014] NZHC 2765

    Citation
    (2014) 22 PRNZ 370
    Court
    High Court

    The application to transfer was dismissed because the trustees' debt claim cannot be transferred to the Family Court, the defendant's counterclaim for division of relationship property must be removed from the High Court but cannot remain here, and on balance of discretionary factors (case nature as civil debt litigation ready for trial in the High Court, lack of complexity, convenience, risk of delay on transfer, defendant's failure to pay a prior costs order and availability of High Court procedural protections) it was not just or appropriate to transfer the proceeding to the Family Court.