New Zealand Case Law: Decisions & Judgments

7 Oct 2019

CAMRAY FARMS LTD (in liquidation) v BL (NATURE SUNSHINE) TRUSTEE LTD [2019] NZHC 2536 [7 October 2019]

Citation: [2019] NZHC 2536
Court: High Court

The Court held Camray's trustee indemnity and equitable lien were established only for the IRD/GST liability and for liquidators' costs to the extent those costs were reasonably incurred qua trustee; Camray failed to prove that other liabilities recorded as current in 2009 remained current or were enforceable such that an equitable lien should attach. GMT's registered all‑obligations mortgage over the Property was valid because the variation/extension of the GMT–Nature Sunshine Trust loan was found to have been for the accommodation of Camray within the meaning of the incorporated mortgage te…

GACHOT V SANSON CA CA95/2008

Citation

openlaw-16dd2f1b_bef0_48c4_a7bb_6368f80402d1.pdf

Court

Court of Appeal

The High Court judge properly preferred the claimant's oral evidence, and that preference, supported by contemporaneous emails and the commercial context, established on the balance of probabilities that the appellant personally guaranteed payment; the appellant failed to show the judge was wrong, so the appeal is dismissed.