New Zealand Case Law: Decisions & Judgments

Topic

Interim payment into court

Legal area

Court

12 Jan 2018

INSATO FURNITURE LTD & OR v STAR MOVING LTD [2018] NZHC 3

Citation

[2018] NZHC 3
Court

High Court

Rule 7.78 applies where a lien is claimed; because there was clear doubt over the quantum of Star's lien the court ordered payment of a security sum into court ($60,000) and staged delivery of goods (specified weekly cubic metre limits and final collection deadline), directed payment of the undisputed sum ($33,932.77) to Star once collection was complete, and held the balance ($26,067.23 plus interest) pending resolution of the substantive proceeding.
9 Oct 2015

KIDD v VAN HEEREN [2015] NZHC 2475

Citation

[2015] NZHC 2475
Court

High Court

The stay was dismissed because the defendant failed to show that enforcement of the High Court's orders would render the appeal nugatory; payment of USD25m into Court with court control over release protects the defendant's appeal rights; the defendant did not establish that the accounting orders would impose unjustified or disproportionate burdens sufficient to justify a stay; balancing the prejudice, delay and plaintiff's entitlement to the fruits of judgment favoured enforcement rather than a stay.
31 Aug 2015

KIDD v VAN HEEREN [2015] NZHC 2082

Citation

[2015] NZHC 2082
Court

High Court

The defendant failed to discharge the onus of proving he is presently unable to comply with the USD25m interim payment; his affidavits were unsatisfactory and did not rebut the issue estoppel arising from the South African judgment or show lack of indirect control over partnership assets, therefore the Court dismissed the variation and discovery applications and upheld the original orders requiring the interim payment and accounting process.

New Zealand Case Law

INSATO FURNITURE LTD & OR v STAR MOVING LTD [2018] NZHC 3

KIDD v VAN HEEREN [2015] NZHC 2475

KIDD v VAN HEEREN [2015] NZHC 2082