New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Issue estoppel from foreign judgment

Legal area

Court

19 Aug 2016

VAN HEEREN v KIDD [2016] NZCA 401

Citation

[2016] NZCA 401
Court

Court of Appeal

The Court dismissed the appeal and held that the South African High Court's findings that the parties were partners and that the disputed assets were partnership property were essential, factual and legal steps in the reasoning that led that court to declare the indemnity void for misrepresentation/iustus error; those determinations therefore give rise to issue estoppels precluding relitigation of those issues in New Zealand.
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.