New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Default clause

Legal area

Court

19 Nov 2021

BODDY v SYMONDS [2021] NZHC 3124

Citation

[2021] NZHC 3124
Court

High Court

The court determined the amended statement of claim required further particularisation and ordered the plaintiff to file an amended pleading with initial disclosure within 20 working days; the strike‑out application was withdrawn; costs in relation to this procedural application were to lie where they fall and trustees do not have an automatic right to recover hostile litigation costs from the trust fund.
20 Dec 2016

DEBT BUYERS LTD v SCHUTT [2016] NZHC 3166

Citation

[2016] NZHC 3166
Court

High Court

As a matter of law the settlement agreement's default clause, properly interpreted, reinstates the original shortfall of $269,704.01 on breach; however the defendant has raised an arguable defence of waiver and/or equitable estoppel because the plaintiff failed to enforce the clause over a prolonged period and the defendant relied on that conduct, so summary judgment is declined.