8 May 2019
WHITFORD PROPERTIES LTD (IN LIQ) v COUMAT LTD [2019] NZHC 1001
- Citation
- [2019] NZHC 1001
- Court
- High Court
The proceeding was struck out as an abuse of process because WPL could and ought to have raised its claims to a share of later sale proceeds and forfeited deposits in the earlier 2014 proceeding; WPL had notice of Coumat's intention to obtain consents and sell, had sought freezing relief, and prior judgments limited WPL's remedies to recovery of surplus from the mortgagee sale and rejected ongoing proprietary claims to subsequent gains, so permitting the later claims would improperly relitigate matters and defeat finality.