New Zealand Case Law: Decisions & Judgments

Topic

Deed of assignment

Legal area

Court

30 Jun 2021

JUSTITIAE TRUSTEE CO LTD v NZF NOMINEES LTD [2021] NZHC 1585

Citation

[2021] NZHC 1585
Court

High Court

The Court held that Justitiae's litigation conduct justified increased costs (but not indemnity) for Fairlight, Clive and Clayton for the period from 17 June 2020 (with specified 2C categorisation for preparation of affidavits and hearing preparation) and a 50% uplift on 2B for the earlier period, while DHIL and Heather Bradbury were awarded indemnity costs for 17 June 2020 to 23 February 2021 because claims against them were hopeless and unreasonably pursued; second counsel certification was granted for Fairlight and Clive; Clayton's unrecovered trustee costs were ordered to be borne by Just…
25 Sept 2020

GASKIN v STARK [2020] NZHC 2519

Citation

[2020] NZHC 2519
Court

High Court

The plaintiffs were put on notice by the fourth defendant's solicitors and failed to investigate or accept documentary evidence showing the correct corporate entity was Mead Stark Ltd; because the plaintiffs pursued an argument that lacked merit and failed without reasonable justification to accept the facts, the fourth defendant was entitled to costs on the interlocutory application on a 2B basis with a 50% uplift for the unreasonable conduct and separate 2A costs for preparation of submissions on costs; it was inappropriate to treat the interlocutory application as if it were an originating…
29 Jul 2019

DE GREGORIO v SURRIDGE [2019] NZHC 1802

Citation

[2019] NZHC 1802
Court

High Court

The 2014 will is invalid: the evidence displaced the presumption of capacity and, on consideration of medical records, witness evidence and the circumstances of execution, the Court was not satisfied the deceased had requisite testamentary capacity on 21 January 2014; separately, the contemporaneous will and deed of assignment were procured by undue influence given the decedent's vulnerability, the trust reposed in and opportunity of Paul and Ms Pearson, and the substantial unexplained benefit to Ms Pearson; the 2016 settlement deed is valid and operates to preclude relitigation of the matter…
16 Apr 2015

LA FAMIA NO. 1 LIMITED v GAN and YU and ORS [2015] NZHC 728

Citation

[2015] NZHC 728
Court

High Court

With the rectified deed of assignment and the legal advice obtained by the liquidator, the assignment was effective and the liquidator's decision was not so unreasonable as to be set aside under Callis; substitution under r 4.52 was therefore 'necessary' as a simple transmission of interest and a new parties order was granted, but appropriately conditioned to prevent prejudice by requiring payment of existing costs and provision of security for costs ($34,000 with $20,000 immediate).
7 May 2014

LEE V DISTRICT COURT AT AUCKLAND CA362/2013 [2014] NZCA 169

Citation

[2014] NZCA 169
Court

Court of Appeal

The appeal was dismissed because the judicial review was an impermissible collateral attack or an attempt to relitigate matters that had been or could have been raised on appeal; the issues the appellant sought to raise were not properly pleaded or were raised too late for judicial review; there was no demonstrable reviewable error in the earlier decisions; and indemnity costs were justified because the proceedings were vexatious, frivolous or unnecessary.
29 May 2012

VEGAR-FITZGERALD V NOYCE AND MAWDSLEY HC AK CIV-2012-404-1683

Citation

openlaw-d39cb729_3385_43b8_807d_108669a96db2.pdf
Court

High Court

Because the applicant demonstrated an arguable case, supported by loan agreements, ledgers and bank records, that Matakana Estate Ltd remained indebted to her and therefore had not performed all obligations under the security agreement, the Court (applying a summary‑procedure standard) ordered that the financing statement be maintained under s167 pending further interlocutory resolution; the Court did not finally determine substantive rights or rectification issues.
6 Aug 2008

VILLAGE LIFESTYLES LTD V JEE HING LEE HC AK CIV 2008-404-001639

Citation

openlaw-06a4b063_0ee2_4953_97a4_21587959f136.pdf
Court

High Court

Court held plaintiff had standing: the nomination combined with conduct and s4 Contracts (Privity) Act meant the nominee's rights could be enforced; the assignment to plaintiff was valid and took effect from notice (11 January 2008) after consideration was paid, so plaintiff could sue. However, the defendant raised a tenable factual defence (alleged forgery/existence of an earlier agreement and disputed alterations) that could not be resolved on affidavits alone; accordingly the summary judgment application was adjourned to permit forensic handwriting examination and further hearing.
6 Nov 2007

ALEXANDER DARIUSH-FAR V GEOFFREY NORMAN ELLIS HC CHCH CIV 2007-409-001518

Citation

openlaw-e8a125d8_d610_4523_b531_e53ebb14415f.pdf
Court

High Court

The Court refused to grant declarations because the declarations sought would be of no utility in New Zealand and were plainly intended for use in Australian proceedings; given the discretionary nature of declaratory relief under s10 of the Declaratory Judgments Act 1908 and the inherent jurisdiction of the Court, it was inappropriate to proffer declarations solely for use in another jurisdiction, and the plaintiff's claim was dismissed with costs.
31 Oct 2005

PALMER V COMMISSIONER OF INLAND REVENUE HC AK CIV-2004-404-3420

Citation

openlaw-2c933e58_3ad9_4c9a_b388_e1d5a47b7d95.pdf
Court

High Court

The claims were actions founded on simple contract/debts represented by dishonoured cheques and therefore subject to the six year limitation under s 4(1); the causes of action accrued on the dates the cheques were dishonoured; there was no established disability or fraud to postpone limitation and insufficient evidence at this stage to conclude part payment under s 25(4), so the summary judgment dismissal was correct but the District Court order striking out the proceedings was inappropriate given possible further evidence and was set aside to permit discovery and a substantive hearing if the…