New Zealand Case Law: Decisions & Judgments

Topic

Notice of default

Legal area

Court

13 Oct 2021

IKON BUILDING CO-OPERATION LIMITED v POURUSHASP ROHINTON DUMASIA [2021] NZSC 135

Citation

[2021] NZSC 135
Court

Supreme Court

Leave to appeal was dismissed because the Court of Appeal was entitled to conclude it was reasonably arguable the 19 June 2017 default notice effectively asserted funding would not be provided, giving rise to an arguable right to damages and set-off, and that subsequent negotiations did not obviously amount to affirmation; no appearance of a miscarriage of justice justified granting leave.
21 Feb 2020

IKON BUILDING CO-OPERATION LTD v DUMASIA [2020] NZHC 223

Citation

[2020] NZHC 223
Court

High Court

Defendants' claimed defences (variation of the loan, breach, estoppel and invalid default notice) are not arguable on the evidence: the loan/guarantee required written amendments and no such amendment was proved; contemporaneous emails and conduct were consistent with the original agreement; defendants cannot rely to defeat summary judgment because clear contractual 'no set-off'/'payments without deduction' clauses preclude relying on counterclaims or set-off; accordingly there is no real question to be tried and summary judgment is entered for the plaintiff.
28 Mar 2019

LEEANN YARE LTD v CARLTON GORE ROAD LTD [2019] NZHC 613

Citation

[2019] NZHC 613
Court

High Court

The interim injunction was granted because the applicant demonstrated a good arguable case — including serious doubt the s 245 notice complied with the required working‑days timing and a genuine dispute about an alleged 2017 agreement affecting rent — and the balance of convenience favoured the applicant since the respondent did not require immediate possession and settlement to a purchaser was imminent (16 April 2019); consequently maintaining the status quo with funds already held in trust was appropriate.
11 Jun 2009

PARSOT V GREIG DEVELOPMENTS LIMITED CA CA160/2008

Citation

openlaw-c9182466_db87_4286_8613_90a836e18e7d.pdf
Court

Court of Appeal

Clause 16 created a single obligation to effect a subdivision and transfer lot 1 to the vendor within a reasonable time; the 4 November 2005 notice was premature and ineffective, so Greig was not in repudiation and the appellant's purported cancellation was invalid.

New Zealand Case Law

IKON BUILDING CO-OPERATION LIMITED v POURUSHASP ROHINTON DUMASIA [2021] NZSC 135

IKON BUILDING CO-OPERATION LTD v DUMASIA [2020] NZHC 223

LEEANN YARE LTD v CARLTON GORE ROAD LTD [2019] NZHC 613

PARSOT V GREIG DEVELOPMENTS LIMITED CA CA160/2008