New Zealand Case Law: Decisions & Judgments

Topic

Duty to mitigate

Legal area

Court

28 Feb 2020

PVG SECURITIES TRUSTEE LIMITED v 100 INVESTMENTS LIMITED [2020] NZHC 328

Citation

[2020] NZHC 328
Court

High Court

Claim dismissed because 100 Investments failed to prove that its alleged losses flowed from the injunction and undertaking; absence of evidence that restrained funds were used to pay the PFSL or family trust debts meant causation was not established; statutory Interest Act is not an automatic proxy for interest as contractual damages, which must be proven and assessed on ordinary contractual principles.
11 Aug 2014

WESTPAC NEW ZEALAND LIMITED v MANUKAU ROAD HOLDINGS LIMITED [2014] NZHC 1928

Citation

[2014] NZHC 1928
Court

High Court

There was no real defence: the defendant produced no credible evidence of a misrepresentation (positive or by omission) and, having been alerted to the issue, affirmed the contract by further payments; Westpac acted reasonably in the resale process and did not breach any duty to the defendant. Therefore summary judgment for the plaintiff was appropriate for the loss claimed on resale and associated costs.
4 Mar 2014

MORTGAGE ADMINISTRATION SERVICES (CALIBRE) LIMITED v CALIBRE FINANCIAL SERVICES LIMITED [2014] NZSC 14

Citation

[2014] NZSC 14
Court

Supreme Court

Leave to appeal was refused because the issues raised did not involve matters of public or general importance, the material evidence indicated Calibre had made demand on the principal debtor so the indemnity was properly engaged, and there was no substantial risk of miscarriage of justice from the Court of Appeal's decision.
5 Jan 2009

BODY CORPORATE 206697 V CHEN HC AK CIV 2007-404-007873

Citation

openlaw-b7c6aaec_a506_424a_b5bc_c0a4c1e68c32.pdf
Court

High Court

The sale agreement incorporated the lease so the purchaser took the benefit of the lease; Eden Village Limited validly subscribed the lease on behalf of the Body Corporate as sole proprietor and sealing was not a prerequisite to bind the Body Corporate; the Body Corporate remained liable under the deed despite termination of the building manager's agreement and the lessor was entitled to pursue accrued rent rather than being obliged to mitigate by accepting abandonment, therefore the District Court judgment for rent was upheld.

New Zealand Case Law

PVG SECURITIES TRUSTEE LIMITED v 100 INVESTMENTS LIMITED [2020] NZHC 328

WESTPAC NEW ZEALAND LIMITED v MANUKAU ROAD HOLDINGS LIMITED [2014] NZHC 1928

MORTGAGE ADMINISTRATION SERVICES (CALIBRE) LIMITED v CALIBRE FINANCIAL SERVICES LIMITED [2014] NZSC 14

BODY CORPORATE 206697 V CHEN HC AK CIV 2007-404-007873