New Zealand Case Law: Decisions & Judgments

Topic

Interest charges

Legal area

Court

26 Nov 2018

GEOTECH LIMITED v MOUNT GREY DOWNS LIMITED [2018] NZHC 3178

Citation

[2018] NZHC 3178
Court

High Court

The demand was set aside in part because the applicant established an arguable substantial dispute as to the creditor's claimed interest charge ($24,954.01) and an arguable cross-claim/set-off for losses from detention of vehicles ($146,666.21); the remaining invoices were properly rendered and due, such that the statutory demand is upheld to the extent of $274,548.94, payment to be made by a set date or the respondent may apply for liquidation.
16 Mar 2017

BODY CORPORATE 212050 v WANG [2017] NZHC 476

Citation

[2017] NZHC 476
Court

High Court

Notices of levies were properly sent and, under the specified provisions of the Unit Titles Act 2010 and applicable unit owner resolutions, the body corporate was entitled to recover unpaid levies, water charges, removal costs, collection charges, legal costs and interest; accordingly judgment was entered jointly and severally against the defendants for the aggregated sum.
3 Feb 2016

GARY OWEN BURGESS v TSB BANK LIMITED [2016] NZSC 2

Citation

[2016] NZSC 2
Court

Supreme Court

Leave to appeal was refused because the grounds challenged were factual and did not raise questions of public or commercial importance or a real risk of miscarriage; the contested issue about interest was not appropriate for this Court given the notice's clear wording and the practical effect was limited by the subsequent indefeasible title obtained by the purchaser; the indemnity costs follow the contractual entitlement and raise no public importance warranting leave.
13 Mar 2015

QUEENSLAND MAINTENANCE SERVICES (NZ) LIMITED v QUEENSLAND MAINTENANCE SERVICES (PTY) LIMITED (IN LIQUIDATION) [2015] NZHC 450

Citation

[2015] NZHC 450
Court

High Court

The Court concluded there was insufficient evidence of a genuine and substantial dispute: the applicant's and respondent's contemporaneous accounting records and audited financial statements, signed by the director, consistently treated the advances as loans, the promissory note cancellation was recorded and added to loan balances, and the interest position was reflected in the accounts; accordingly the statutory demand was not set aside.
24 Nov 2014

VHH LTD v RUSKIN HOLDINGS LTD [2014] NZHC 2919

Citation

[2014] NZHC 2919
Court

High Court

The statutory demand was set aside because VHH demonstrated an apparent counterclaim under clause 10.4 of the subcontract (SA-2009) for liquidated damages of about $11,500, which exceeds the statutory demand of $11,380.73, thereby satisfying s 290(4)(b) of the Companies Act and making the demand liable to be set aside.
22 Nov 2012

PAKIRI INVESTMENTS LTD V ADROIT PEOPLE LTD HC AK CIV-2012-404-004510

Citation

openlaw-25b143f6_b275_4f4e_89f5_303df4568f4f.pdf
Court

High Court

Pakiri failed to establish a genuine and substantial dispute except in respect of the last two invoices for Mr King's services; compound interest was not recoverable absent express agreement to compound; accordingly the statutory demand was upheld except for those limited deductions and the compound interest, and Pakiri was ordered to pay the adjusted sum by a fixed date or face liquidation.
22 Dec 2005

PARTS & SERVICES LIMITED V BROOKS (FORMERLY COULTER) HC ROT CIV 2005-463-000431

Citation

openlaw-602b3484_00d2_4f6b_9b3f_1f05f39b3ef1.pdf
Court

High Court

Because the respondent failed in the proceeding and no proper basis existed to depart from the ordinary rule in r 47(a), the Court applied the High Court Rules Category 2 Band B assessment and ordered the respondent to pay costs and disbursements of $11,240 to the applicant; the Court also found the arbitral panel had exceeded its authority in relation to costs and interest.

New Zealand Case Law

GEOTECH LIMITED v MOUNT GREY DOWNS LIMITED [2018] NZHC 3178

BODY CORPORATE 212050 v WANG [2017] NZHC 476

GARY OWEN BURGESS v TSB BANK LIMITED [2016] NZSC 2

QUEENSLAND MAINTENANCE SERVICES (NZ) LIMITED v QUEENSLAND MAINTENANCE SERVICES (PTY) LIMITED (IN LIQUIDATION) [2015] NZHC 450

VHH LTD v RUSKIN HOLDINGS LTD [2014] NZHC 2919

PAKIRI INVESTMENTS LTD V ADROIT PEOPLE LTD HC AK CIV-2012-404-004510

PARTS & SERVICES LIMITED V BROOKS (FORMERLY COULTER) HC ROT CIV 2005-463-000431