New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Jurisdiction to grant relief

  • 30 Nov 2023

    BANKS v FARMER [2023] NZCA 607

    Citation
    [2023] NZCA 607
    Court
    Court of Appeal

    The application to recall the Court's judgment is declined because the matters complained of were either addressed, were unnecessary to decide given Mako's restoration, or were not subject to an appealable error (notably the unchallenged factual finding that the appellant suffered no loss from the trading breach), and recall is available only in narrow, exceptional circumstances.

    • Recall of judgment
    • Section 301 companies act
    • Section 135 companies act
    • Remedies in liquidation
    • Jurisdiction to grant relief
    • Causation and loss

  • 24 Nov 2015

    GREENSHELL NEW ZEALAND LIMITED (IN RECEIVERSHIP) v KENNEDY BAY MUSSEL COMPANY (NZ) LIMITED [2015] NZSC 180

    Citation
    [2015] NZSC 180
    Court
    Supreme Court

    The Supreme Court granted leave to appeal and cross-appeal and identified the two substantive issues for determination: jurisdiction to grant relief against forfeiture and, if jurisdiction exists, whether relief should have been granted by the Court of Appeal.

    • Forfeiture
    • Relief against forfeiture
    • Lease
    • Sub-licence
    • Jurisdiction to grant relief