New Zealand Case Law: Decisions & Judgments

Topic

Indemnity/contribution

Legal area

Court

9 Mar 2022

PROPERTY SALES DIRECT LTD v HAWKEN LANE DEVELOPMENT LP [2022] NZHC 403

Citation

[2022] NZHC 403
Court

High Court

Leave to issue the third‑party notice was refused because PSDL unreasonably delayed seeking joinder despite clear notice of a potential claim against Mr Wood by 28 October 2021 and Brewer J's subsequent directions; that delay risked serious prejudice to Hawken by jeopardising the fixed trial date and the interests of justice and efficient use of court resources favoured preserving the scheduled hearing and allowing PSDL/Davies to sue Mr Wood separately if desired.
4 May 2010

FAIRVIEW PARK LTD V HARRISON GRIERSON CONSULTANTS LTD HC AK CIV 2006-404-006588

Citation

openlaw-65c1384f_ac45_46f9_a2ff_559097f3b8e3.pdf
Court

High Court

On the facts pleaded the relationship between the parties was an arm's-length commercial contract for consultancy services and did not establish a fiduciary relationship imposing duties beyond the contractual obligations; consequently the proposed amendment pleading breach of fiduciary duty and related equitable fraud (paras 33–40) lacked a foundation and leave to include those paragraphs was refused, while other amendments were permitted. The court did not need to finally resolve the limitation issue because of that primary finding.
2 Feb 2009

LEONARDO V AUCKLAND CITY COUNCIL AND ORS HC AK CIV-2007-404-1352

Citation

openlaw-b7b671c8_3aa6_4601_bdec_150d00d7e5c1.pdf
Court

High Court

The court reserved costs on the summary judgment application. Applying NZI Bank v Philpott and the High Court Rules, the proper course where summary judgment fails is ordinarily to reserve costs unless the application was erroneously brought or made in the knowledge of a bona fide defence; third‑party summary judgment applications are treated the same for costs purposes.
6 Sept 2007

GOUGH FINANCE LTD V C & J HARVESTING LTD AND ORS HC ROT CIV 2006-463-914

Citation

openlaw-43a7b680_a0a8_46b7_b9c6_7b2475126a6a.pdf
Court

High Court

Given the coordinated conduct of the Gough group in supplying equipment and arranging finance, the arguable account of inducement and representations by GGHL, the real risk of severe prejudice to the defendants if summary judgment were entered while they could not pursue indemnity/contribution, and the lack of material prejudice to the plaintiff from a short delay, the Court exercised its discretion to grant exceptional leave under r 75 to join GGHL as a third party and thereby permit the defendants' third party claim to proceed.
26 Jan 2007

GUARDIAN PROPERTY MANAGEMENT LIMITED AS TRUSTEE OF 11 THE AVENUE TRUST AND AS TRUSTEE OF WHITNEY PARK TRUST AND ANOR V BRIDGECORP LIMITED HC AK CIV2005-404-3219

Citation

openlaw-e9d0dfaa_734d_4e0c_ba56_176c6ce62075.pdf
Court

High Court

The assignment's express no‑warranty, due diligence and risk allocation clauses established Bridgecorp assumed the risk of any mistake and did not rely on ANZ's settlement statement; consequently Bridgecorp cannot establish the necessary elements under the Contractual Mistakes Act or causation and reliance under the Fair Trading Act, so both causes of action are bound to fail and ANZ is entitled to summary judgment.

New Zealand Case Law

PROPERTY SALES DIRECT LTD v HAWKEN LANE DEVELOPMENT LP [2022] NZHC 403

FAIRVIEW PARK LTD V HARRISON GRIERSON CONSULTANTS LTD HC AK CIV 2006-404-006588

LEONARDO V AUCKLAND CITY COUNCIL AND ORS HC AK CIV-2007-404-1352

GOUGH FINANCE LTD V C & J HARVESTING LTD AND ORS HC ROT CIV 2006-463-914

GUARDIAN PROPERTY MANAGEMENT LIMITED AS TRUSTEE OF 11 THE AVENUE TRUST AND AS TRUSTEE OF WHITNEY PARK TRUST AND ANOR V BRIDGECORP LIMITED HC AK CIV2005-404-3219