New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Knowing receipt/unjust enrichment

Legal area

Court

30 May 2014

STAITE & ORS v KUSABS & ORS, [2014] NZHC 1183

Citation

[2014] NZHC 1183
Court

High Court

The Associate Judge's wholesale strike out was set aside in part: laches and delay alone did not justify striking out pleaded equitable and statutory claims at interlocutory stage; however key causes were legally untenable as pleaded against certain defendants—first and second causes struck out against the Tumunui trustees but retained as against Moke's estate for declaratory relief; third cause (undue influence) struck out against all; fourth cause (knowing receipt/unjust enrichment) survives against the Tumunui trustees but is struck out as against Moke's estate; fifth (Land Transfer Act re…
14 Dec 2012

PETER DANIEL STAITE, JEAN TANIRAU-CARSTON, DEBORAH PAKAU, LEONIE REI NICHOLLS AND BRUCE ANDERSON BAMBER V ANDREW KUSABS, DONALD BENNETT, JULIAN KEPA AND WILLIAM WAKA AS TRUSTEES OF THE TUMUNUI LANDS TRUST HC ROT CIV 2009-463-000888

Citation

openlaw-e0cff344_7406_4d7a_ac7e_52ace6cb7034.pdf
Court

High Court

Granted leave to file the amended statement of claim because plaintiffs provided a reasonable explanation for the delay (change of counsel and recent discovery of documents), the amendments concern the same core factual matrix, no trial date was fixed so defendants would not be prejudiced, and issues of limitation, particulars and strike-out are reserved for later determination.