3 Mar 2022
HELLABY RESOURCE SERVICES LTD v BODY CORPORATE 197281 [2022] NZHC 330
- Citation
- [2022] NZHC 330
- Court
- High Court
[2022] NZHC 330
New Zealand Case Law
Lost opportunity damages
27 May 2019
HOEBERECHTS (nee SPROTT) v SPROTT [2019] NZHC 1236
- Citation
- [2019] NZHC 1236
- Court
- High Court
The application to strike out was dismissed because the plaintiff's pleading of an ongoing breach with a specified start date range (end of executor's year or alternatively spring 2016) was sufficiently particular to enable the defendant to prepare a defence, and the pleading that a finance condition be satisfied within a reasonable time was adequate; the defendant was not unduly embarrassed such as to warrant strike out.
12 Feb 2018
SAVVY VINEYARDS 4334 LIMITED v WETA ESTATE LIMITED [2018] NZHC 112
- Citation
- [2018] NZHC 112
- Court
- High Court
Discovery of the plaintiffs' financial records was declined because the records are not relevant to the narrow preliminary questions (whether the plaintiffs would have exercised the options prior to 1 May 2013 and related liability); ability to pay was not a condition precedent to the exercise of the options nor directly determinative of liability on the pleaded issues, and permitting wide financial discovery would defeat the limited scope of the preliminary questions procedure.
2 Aug 2010
SIMPSON & BRIGHOUSE V WALKER, SIMPSON, BRIGHOUSE, WALKER & BELLAMY AND ORS HC AK CIV-2008-404-7381
- Citation
- openlaw-4e6604cf_e696_4bfa_8560_5fd6a02483ad.pdf
- Court
- High Court
The plaintiffs' applications are dismissed: they lack standing to set aside the second deed on the ground of Alan's incapacity because only the incapacitated person (or their representative) may void such transactions; even if standing existed, equitable relief would be denied because plaintiffs had engaged in self‑dealing and affirmation and there was no reasonable prospect of a successful FPA claim against Nola's estate given the facts; Colin did not owe the alleged fiduciary duty to his sisters; solicitor Bellamy breached duties to Alan and others but plaintiffs did not prove causation of…