New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Nominee liability

Legal area

Court

27 May 2009

INVESTMENT SPECIALIST LIMITED V KUMARAN HC AK CIV 2009-404-000392

Citation

openlaw-7b08dfbe_a178_45f6_a72f_2c0353992ea6.pdf
Court

High Court

The defendant is personally bound by the agreement (signed personally, paid the deposit and acted as owner) and the alleged cancellation is unsupported; therefore there is no genuine defence and the plaintiff is entitled to summary judgment ordering specific performance.
27 Sept 2006

MUNRO V MEE AND MEE HC DUN CIV-2006-412-545

Citation

openlaw-f9ee5273_16b9_4d22_a3bd_d683e8e4b86c.pdf
Court

High Court

Where a signer describes the purchaser "as nominee" the contractual language and ordinary meaning allow self‑nomination and do not exclude personal liability; the appellant's conclusory affidavit lacked specificity and was contradicted by the written agreement (including unconditional terms and deposit provision) and the solicitor's admissions, so summary judgment was properly entered and affirmed on appeal.