New Zealand Case Law: Decisions & Judgments

Topic

Knowing receipt/dishonest assistance

Legal area

Court

11 May 2018

HANSA LIMITED (IN LIQUIDATION) v HIBBS [2018] NZHC 1036

Citation

[2018] NZHC 1036
Court

High Court

The default judgment was irregularly obtained because the claim did not fall within the exhaustive definition of a "liquidated demand" in r15.7, and, more importantly, Haldon demonstrated a good arguable defence to the plaintiff's claim for money had and received (the plaintiff Hansa did not establish the requisite mistake of fact), the delay in filing a defence was reasonably explained, and setting aside would not cause irreparable prejudice to creditors; accordingly the judgment obtained by default against Haldon was set aside.
5 May 2016

MCLENNAN & ANOR as liquidators of Neil Timber Limited (in Liquidation) v LIVAJA & ORS [2016] NZHC 889

Citation

[2016] NZHC 889
Court

High Court

Although it was arguable that Mr Ede misappropriated company funds and those funds could be traced into the Ambrico Place proceeds and then into the Sturges Road property, the applicants failed to establish a reasonably arguable proprietary interest in the Sturges Road property because the second respondent did not have the requisite knowledge or conscience of wrongdoing to render her a constructive trustee; accordingly the caveat was not supportable and the application failed.
3 Aug 2011

MYVIRTUALHOME INTERNATIONAL LIMITED (IN RECEIVERSHIP AND IN LIQUIDATION) V NGATI TAMA CUSTODIAN TRUSTEE LIMITED HC AK CIV-2009-443-000548

Citation

openlaw-eaadddbe_a94e_4921_9151_4dde0aaf3191.pdf
Court

High Court

On the facts and documents the court concluded Auran Technologies retained its own copy of Auran Jet while MVHI and CDS jointly owned a copy under the April 2006 heads of agreement; the debenture granted by CDS to Ngati Tama, the MVHI guarantee and the deed of priority executed on 24 December 2008 were valid and not defeated by negative pledge or fiduciary breach allegations because Martin acted as sole director for a proper corporate purpose to secure funding and there was no knowing receipt by Ngati Tama; the November 2006 purported licence amendment was not an effective variation for want…

New Zealand Case Law

HANSA LIMITED (IN LIQUIDATION) v HIBBS [2018] NZHC 1036

MCLENNAN & ANOR as liquidators of Neil Timber Limited (in Liquidation) v LIVAJA & ORS [2016] NZHC 889

MYVIRTUALHOME INTERNATIONAL LIMITED (IN RECEIVERSHIP AND IN LIQUIDATION) V NGATI TAMA CUSTODIAN TRUSTEE LIMITED HC AK CIV-2009-443-000548