New Zealand Case Law: Decisions & Judgments

Topic

Default judgment

Legal area

Court

5 Dec 2023

KEA INVESTMENTS LTD v WIKELEY FAMILY TRUSTEE LTD (IN INTERIM LIQUIDATION) [2023] NZHC 3532

Citation

[2023] NZHC 3532
Court

High Court

Because the earlier judgment reserved leave and was obtained by formal proof under the High Court Rules, and because affidavit evidence demonstrated an imminent risk that the defendants (notably Mr Wikeley) would take steps (appointing replacement trustee or changing the proper law) that would frustrate the court's orders and prejudice the plaintiff, the court was justified in granting further interim orders without notice restraining those steps until 28 days after discharge of the specified default judgment; the orders are additional to and without prejudice to the sealed orders of 17 Novem…
25 Oct 2023

TAYLOR v COMMISSIONER OF INLAND REVENUE [2023] NZCA 515

Citation

[2023] NZCA 515
Court

Court of Appeal

Extension of time under r29A was declined because, although the delay was short and caused no apparent prejudice, the proposed appeal was clearly hopeless as s109 Tax Administration Act 1994 prevents the challenge to the tax assessment in District Court proceedings and the default judgment could not be successfully set aside.
19 Oct 2023

WELSFORD v WOODFORD [2023] NZHC 2937

Citation

[2023] NZHC 2937
Court

High Court

Because the defendant did not appear and liability under the settlement agreement was clear, the Court entered judgment for the plaintiff for the unpaid instalments (principal $33,333.28), awarded interest under s 9 of the Interest on Money Claims Act 2016 calculated to $938.26 to 19 October 2023, and awarded costs of $11,591.50 and disbursements of $3,702.50; further unaccrued instalments were adjourned to 21 March 2024 with leave to the plaintiff to bring the matter on earlier if required.
16 May 2023

PENNEY v WYLIE PROPERTIES LTD [2023] NZHC 1171

Citation

[2023] NZHC 1171
Court

High Court

The Court held Wylie Properties did not establish that its claim was a liquidated demand under r15.7 because there was no clear contractual assignment or basis to fix a precise reasonable price for post-March 2015 storage; the bailment claim lacked sufficient evidence of a contractual bailment for reward or of circumstances invoking indemnity for a gratuitous bailment. Accordingly default judgment was inappropriate under r15.9. Separate discretion under r5.45 was exercised to order security for costs because credible evidence (voluntary bankruptcy, refusal to disclose finances, prior procedur…
3 May 2023

FALLOON v HANSEN [2023] NZHC 1038

Citation

[2023] NZHC 1038
Court

High Court

Because respondents failed to file defences or take steps after objection, the liquidator's notices under ss 294-295 were effective and default judgments were entered for the liquidated amounts sought; the transaction involving Amber Hansen was set aside and costs were awarded on a 2B basis.
10 Mar 2023

KEA INVESTMENTS LTD v WIKELEY FAMILY TRUSTEE LTD [2023] NZHC 466

Citation

[2023] NZHC 466
Court

High Court

The Court held it has jurisdiction over the New Zealand company (WFTL) and Mr Wikeley; on the interlocutory material the Coal Agreement and its jurisdiction clause cannot be reliably declared genuine or exclusive, but Kea has a plausible evidential basis that the Coal Agreement may be a forgery or liable to be set aside for fraud; the jurisdiction clause does not plainly cover Kea's conspiracy and declaratory claims; New Zealand is the appropriate forum to determine Kea's claims; accordingly the defendants' applications to dismiss or stay on jurisdiction/forum grounds were dismissed, the prot…
12 Dec 2022

KALIDAS KASABIA MEMORIAL TRUST v HARI [2022] NZHC 3359

Citation

[2022] NZHC 3359
Court

High Court

The court held it was just and equitable to displace the presumption in r 15.23 given that KKM acted reasonably in commencing the application and the respondent failed to engage in the proceedings; however neither party was more successful than the other and therefore no costs order should be made and costs should lie where they fall.
28 Sept 2022

ATKINSON v POOLE [2022] NZHC 2477

Citation

[2022] NZHC 2477
Court

High Court

Because the defendant failed to engage and the plaintiff established entitlement under the Property Law Act, the court ordered sale by auction through the Registrar or, at the defendant's election, purchase of the plaintiff's share, fixed occupational rent at $460 per week and granted the plaintiff access to remove his possessions.
15 Aug 2022

ROEBUCK v LIDDLE [2022] NZHC 2016

Citation

[2022] NZHC 2016
Court

High Court

The eighth defendant was validly served, did not file a defence, and the plaintiffs proved on affidavits and expert reports that the subcontractor breached the duty to apply the specified stain and achieve uniform finish causing foreseeable loss; the quantified loss was proved ($41,049.25) and judgment by default was therefore entered for that sum with costs.
15 Jun 2022

HOSBON TRUST LIMITED as trustee of the HOSBON TRUST v WALLIS [2022] NZHC 1402

Citation

[2022] NZHC 1402
Court

High Court

The Judge found the defendant has a substantial ground of defence (a genuine dispute whether the loan was with the director personally or the trust) that requires substantive determination; although the defendant's delay was not reasonably explained, the plaintiff would not suffer irreparable injury if the defendant pays the plaintiff's costs and disbursements for the delay; accordingly leave to file a statement of defence is granted on terms (payment of costs/disbursements within 10 working days; filing timetable for defence and reply).