New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Directorship

  • 19 Dec 2016

    SHARROCK v WEDD [2016] NZHC 3121

    Citation
    [2016] NZHC 3121
    Court
    High Court

    Plaintiffs entitled to costs as successful parties on the summary judgment; defendant's procedural defaults (late service), unauthorised filing of a notice of discontinuance and pursuit of a meritless recall justified an increase above scale but did not reach the high threshold for indemnity costs; award made on 2B scale increased by 20% plus disbursements fixed by the Registrar, including costs for the opposition memorandum to the recall application.

  • 4 Aug 2010

    T J B WILLIAMS V S HILL AND ORS HC AK CIV-2010-404-000505

    Citation
    openlaw-c63c438b_9df9_472a_8d9d_ac59770b4307.pdf
    Court
    High Court

    The plaintiff was entitled to summary judgment against the first defendant (Hill) because Hill expressly requested Williams to sign the memorandum of understanding thereby authorising the trustee to enter the transaction; the deed of indemnity covers liabilities incurred at the request of a beneficiary including transactions outside formal trust powers where the beneficiary requested them; the exclusion clause did not apply as there was no fraud, dishonesty or wilful breach proven. Summary judgment was dismissed as to Willis because Willis had an arguable defence: Williams could not show Will…