New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Joint venture documentation

Legal area

Court

18 May 2017

AS BASE LIMITED & Anor v IMI DEVELOPMENTS LIMITED & Anor [2017] NZHC 1017

Citation

[2017] NZHC 1017
Court

High Court

Summary judgment was refused because there are genuine and substantial disputes of fact about the legal character of the advances (loan versus equity), the terms of any loan (interest, term, repayment), the validity and scope of guarantees, and whether proceeds were appropriated to other debts; those disputes cannot be resolved reliably on affidavit and require trial.
18 Nov 2011

MACLEAN V ANNAN & CO HC TAU CIV-2009-470-868

Citation

openlaw-648a32e1_f8ef_4da9_aca8_513d04bc1f31.pdf
Court

High Court

A retainer arose on 1 May; Annan owed and breached the duty to explain clearly and advise on the substantial and unusual risks in the transaction at the 4 June meeting and thereafter acted negligently in paying deposit and fees while queries remained unanswered. Although it was impracticable to advise cancellation under s225 in time, on loss-of-chance analysis it was probable Strowan/Blue Chip would not have enforced the contract against a notified attempt to cancel; causation established and plaintiffs entitled to recover special and general damages and costs.