New Zealand Case Law: Decisions & Judgments

Topic

Originating applications

Legal area

Court

2 Dec 2022

RE G W WILFIELD LTD [2022] NZHC 3212

Citation

[2022] NZHC 3212
Court

High Court

Given the material change in use of the benefited/burdened land and the neighbourhood, the lack of evidence of substantial injury to persons entitled, the necessity of extinguishment to allow vesting of road and reserve and progression of subdivision, and the Council's lack of objection, it is just and equitable to extinguish the covenant insofar as it affects land to be vested as road or reserve under s 317 Property Law Act 2007.
24 Nov 2020

COMMISSIONER OF POLICE v BORLASE [2020] NZHC 3103

Citation

[2020] NZHC 3103
Court

High Court

The Court held the originating application together with the supporting affidavit sufficiently pleaded the Commissioner's case for asset and profit forfeiture based on the judge's findings of intent to influence and 'scope' for influence; allegations of actual influence in reply did not change the nature of the pleaded case and did not justify ordering the Commissioner to file a conventional statement of claim; the tailored discovery application was largely addressed by the Commissioner's provision of the prior SFO disclosure, with leave reserved to reapply on any outstanding discovery issues.
17 Jan 2012

THOMPSON V QUINN HC AK CIV-2010-404-008457

Citation

openlaw-2f57c656_e144_4148_8fa3_28dd56f4f45a.pdf
Court

High Court

Court declined to award costs for steps taken in response to the third party trustee Mr Wells's application (items 4.13-4.15) because that application was brought by a third party and the respondents took no formal steps; awarded costs for attendance at the case management conference (item 4.11); concluded items 8 and 9 of the Third Schedule apply to this originating application and allowed the applicant's claim for preparation and attendance costs accordingly; approved the Gardner valuation and Mr Lane's expert fees as recoverable disbursements under r 14.12 because they were incurred for an…

New Zealand Case Law

RE G W WILFIELD LTD [2022] NZHC 3212

COMMISSIONER OF POLICE v BORLASE [2020] NZHC 3103

THOMPSON V QUINN HC AK CIV-2010-404-008457