New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Formal proof under high court rules

Legal area

Court

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.
7 Apr 2016

TAJ CONSTRUCTION LTD (IN LIQUIDATION) v OWENS AND VANCE, AS LIQUIDATORS OF TAJ CONSTRUCTION LTD (IN LIQUIDATION) [2016] NZHC 584

Citation

[2016] NZHC 584
Court

High Court

Bank records established that the transactions were personal drawings repayable as advances on the shareholder's current account producing a debt of $262,318.87; mortgage payments of $20,828.04 from company funds were a misapplication in breach of fiduciary duty and are held on constructive trust for the company; no further consideration of the s301 compensation claim was required given the primary remedies.