New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Fraud and deceit

Legal area

Court

22 Dec 2020

McDONALD v TOKO & ANOR [2020] NZHC 3512

Citation

[2020] NZHC 3512
Court

High Court

Given the real risk that the first respondent could discharge the mortgage, sell the property and dissipate net sale proceeds, the Court ordered that the caveat not lapse because the applicant would suffer irreparable harm absent the order; leave was reserved for respondents to apply to set aside and undertakings by the first respondent could permit removal of the caveat.
8 Jun 2012

RICHMOND V RAJU RAJU HC AK CIV-2009-404-007078

Citation

openlaw-9e33ba8c_d5ef_4b72_b40d_7a6cc7a9e26d.pdf
Court

High Court

On the balance of probabilities the plaintiff established that the first defendant obtained payments by fraud and deceit, failed to transfer title and caused loss; special damages of $280,000 were established and $25,000 general damages awarded for the plaintiff's suffering; interest under s 87 Judicature Act 1908 is payable from the date the plaintiff vacated the property and thereafter on the judgment; costs and credit for settlements are ordered as specified.