New Zealand Case Law: Decisions & Judgments

Topic

Eviction

Legal area

Court

11 Nov 2021

WANLIN TU v SONGWEN ZHANG [2021] NZHC 3053

Citation

[2021] NZHC 3053
Court

High Court

An interim injunction was granted because the applicant raised a seriously arguable case (estoppel from respondent's 2019 conduct and entitlement to relief against forfeiture under the Property Law Act), there was a real risk of immediate and irreparable loss to the applicant's business, and the applicant gave an undertaking as to damages making the balance of justice favour maintaining the status quo pending determination.
26 Feb 2020

SILLICK v SILLICK [2020] NZHC 282

Citation

[2020] NZHC 282
Court

High Court

The Court has jurisdiction, under its inherent powers and s343(g) of the Property Law Act 2007, to order vacant possession and to authorise the Sheriff and police to effect eviction if necessary to implement a s339 sale order; the first respondent's obstructive conduct justified making such orders and allocating the applicant's costs against him to be paid from his share of the sale proceeds.
12 Jun 2019

WARD v LOCHORE [2019] NZHC 1314

Citation

[2019] NZHC 1314
Court

High Court

All causes of action against the defendant were untenable: the pleaded lease and statutory rights were held by other parties (Galbraith or Altranz) not the defendant personally, criminal allegations do not create civil causes of action, and 'general damage' is not a standalone cause of action; accordingly the statement of claim was properly struck out under r 15.1.
18 May 2016

TE WAIRUA O TE ORA LIMITED v TUHOE WAIKAREMOANA MAORI TRUST BOARD AND ORS [2016] NZHC 1013

Citation

[2016] NZHC 1013
Court

High Court

The court found the defendants showed sufficient need for particularity and further discovery to enable meaningful defence and expert instruction; given the plaintiff had not updated its affidavit of documents since 2014 and asserted limited records with some seized, the court ordered targeted further particulars and discovery proportional to the issues in dispute (documents since the previous affidavit, disclosure of documents in others' possession, evidence of contracted programmes, chattel ownership, income streams segregation and evidence of the $152,332 loan) and directed steps to facili…
4 Mar 2015

T E NELSON v S L MEIER [2015] NZHC 340

Citation

[2015] NZHC 340
Court

High Court

Application for security for costs is declined because, despite plaintiff's impecuniosity and discrepancies in accounts, significant factual disputes require determination at hearing and an order for security would risk denying access to justice; costs reserved and matter to proceed.
13 Nov 2013

COOKE v CARTEL TRADING LIMITED [2013] NZHC 2995

Citation

[2013] NZHC 2995
Court

High Court

Extension of time to appeal was refused because applicant provided an inadequate explanation for delay, the proposed grounds lacked merit and realistic prospects of success, proceedings were effectively moot, and the District Court had properly reheard and assessed the evidence; allegations of judicial identity or bias were unsupported.

New Zealand Case Law

WANLIN TU v SONGWEN ZHANG [2021] NZHC 3053

SILLICK v SILLICK [2020] NZHC 282

WARD v LOCHORE [2019] NZHC 1314

TE WAIRUA O TE ORA LIMITED v TUHOE WAIKAREMOANA MAORI TRUST BOARD AND ORS [2016] NZHC 1013

T E NELSON v S L MEIER [2015] NZHC 340

COOKE v CARTEL TRADING LIMITED [2013] NZHC 2995