New Zealand Case Law: Decisions & Judgments

Topic

Interim distribution

Legal area

Court

22 Sept 2023

LIU v QIAN [2023] NZHC 2653

Citation

[2023] NZHC 2653
Court

High Court

The threshold that the interim distribution sought does not exceed the applicant's ultimate share was satisfied and the applicant demonstrated ongoing prejudice from delay and lack of means. The respondent's non‑compliance with directions and failure to provide evidence undermined her opposition. Balancing the competing prejudice favoured the applicant; accordingly the Court ordered sale of the Family Home and equal division of net proceeds with liberty to seek directions to implement the orders.
18 Apr 2023

LEEMING v LEEMING [2023] NZHC 812

Citation

[2023] NZHC 812
Court

High Court

The applicant failed to provide reasons opposing the joint memorandum and all other parties supported the memorandum; the Court therefore exercised its discretion to order that the estate meet the specified costs and disbursements in the sums set out in the joint memorandum.
3 Feb 2023

LEEMING v LEEMING [2023] NZHC 85

Citation

[2023] NZHC 85
Court

High Court

Court concluded there was a proper basis for an interim distribution because the estate was large enough to meet competing FPA claims and costs, the applicant would likely receive a substantial share on final distribution, and applicant showed hardship and need to fund litigation; however the requested sum ($750,000) was excessive and risked fuel for protracted litigation, so the court ordered equal interim distributions of $350,000 each to the three beneficiaries to be even-handed and proportionate.
17 Aug 2021

CAIN v RILEAN CONSTRUCTION (CENTRAL OTAGO) LTD (in liq) [2021] NZHC 2153

Citation

[2021] NZHC 2153
Court

High Court

The Court appointed the liquidator (applicant) as court receiver and manager to administer the retention fund held on trust under ss 18A–18I of the Construction Contracts Act 2002, authorised pro rata distribution of the fund to entitled subcontractors (with interim distributions permitted), declined to pay interest until all valid non-interest claims are paid in full, and authorised deduction of the receiver's costs from the fund up to $25,000 without further court approval.
12 Aug 2021

McCallum v McCallum [2021] NZHC 2104

Citation

[2021] NZHC 2104
Court

High Court

Grouped 'bulk' descriptions of privileged documents were inadequate under HCR 8.16(3); where trust administration and trustee conduct are central to litigation and beneficiaries challenge restructuring, trustees must individually list each privileged document with date, author, recipients, nature of contents, legal basis of privilege and whether privilege covers whole or part of the document so beneficiaries can meaningfully assess claims of privilege; accordingly defendants ordered to file amended affidavits with particularised listings; inspection refused pending that disclosure.
13 Apr 2021

TURNER v DEL LA VARIS [2021] NZHC 776

Citation

[2021] NZFLR 418
Court

High Court

The Family Court erred in ordering sale of property owned by a company (Serene) and by a trust because those items were third party assets, not relationship or separate property of the parties; the proper interim relief was sale of 94 Fairview Crescent with net proceeds divided equally and interim sharing of rental income from 77 Sussex Street, and the High Court may set aside consent orders it previously made where they cannot be implemented.
11 Jun 2020

SOPHIE ANNABELLE BIGGS v STEPHEN TIMOTHY BIGGS [2020] NZCA 231

Citation

[2020] NZCA 231
Court

Court of Appeal

The Court allowed the appeal and ordered the husband to pay the wife $700,000 as a further interim distribution because (1) the husband has the capacity to pay, (2) the payment is likely to be reimbursed from the wife's share of the Closeburn proceeds despite sale delay, (3) the wife's advisers have already worked unpaid and it is reasonable to relieve some of that burden, and (4) where an interim payment is funded from property whose status is disputed the court may examine reasonableness and tailor a conservative sum to balance interests; the Court accordingly fixed $700,000 as a conservati…
19 May 2020

BIGGS v BIGGS [2020] NZHC 1046

Citation

[2020] NZHC 1046
Court

High Court

Adjournment was denied because adequate technology and facilities existed to enable full remote participation by the parties and Australian witnesses, proceeding by AVL did not breach natural justice or the Bill of Rights, the prejudice of further delay outweighed the disadvantage of absence from the physical courtroom, subpoenas could be accommodated by arranging AVL venues, and interlocutory appeal did not justify postponement.
20 Apr 2020

BIGGS v BIGGS [2020] NZHC 768

Citation

[2020] NZHC 768
Court

High Court

The application for a further interim distribution of $1,100,000 was declined because the Court was not satisfied the payment was necessary to allow the plaintiff to continue the litigation (the prior $400,000 award and other capital likely exceed any amount she must repay), much of the claimed indebtedness relates to past work for which advisors have security (caveat over Closeburn), there is uncertainty as to available equity and timing of sale of Closeburn and valuation of claims, high and unexplained fees undermined the asserted urgent need, and a full trial was imminent making a further…
30 May 2019

DAWSON v SNEDDEN COSTS JUDGMENT [2019] NZHC 1208

Citation

[2019] NZHC 1208
Court

High Court

The Court found Ms Reid was successful in obtaining the interim distribution and that costs should follow the event; accordingly costs were awarded to Ms Reid on a 2B basis, with an additional allowed item for second counsel, and the First and Second Defendants were ordered to pay those costs jointly and severally totalling $7,303.25.