New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Partnership dispute

  • 24 Jun 2021

    ZHOU v ZHOU [2021] NZHC 1515

    Citation
    [2021] NZHC 1515
    Court
    High Court

    Leave to apply for summary judgment was granted, but summary judgment was dismissed because the defendant did not discharge the heavy onus required to show the plaintiff had no arguable answer: material gaps existed in the evidential chain (notably absence of evidence of transmission of the executed Deed from the plaintiff's lawyer to the defendant's lawyer and of circumstances of execution), the forgery allegation had some credible evidentiary support and inconsistencies in the record made resolution on affidavit alone inappropriate, therefore full discovery and likely oral evidence are requ…

  • 4 May 2021

    TAYLOR v BRAVO [2021] NZCA 162

    Citation
    [2021] NZCA 162
    Court
    Court of Appeal

    The application to extend time is granted because the 23‑day delay was not serious or unjustified in the applicant's circumstances (unrepresented, advanced age, transcript issues), there was no demonstrated prejudice to the respondent, and the proposed appeal was not so clearly hopeless (an arguable alternative trust/knowing receipt characterisation raised limitation issues) as to justify refusal; the interests of justice required extension.

  • 12 Jul 2017

    KUMAR v PATEL [2018] NZHC 1725

    Citation
    [2018] NZHC 1725
    Court
    High Court

    Court declined to refer the dispute to arbitration because the parties had submitted to the Court's jurisdiction by consenting to the s339 sale order; the applicant failed to prove forceful ouster but equity under s343(f) required partial occupation rent because the court-appointed sale facilitator had requested vacant possession on 25 February 2018 and the respondent failed to vacate; occupation rent awarded from 25 February 2018 to 15 June 2018 at half of a fair market weekly rent fixed at NZD190; cleaning costs and 2B costs awarded to applicant to be paid from respondent's share of sale pr…

  • 7 Aug 2008

    CREDIT INVESTMENTS LTD V GOH HC AK CIV 2008-404-1713

    Citation
    openlaw-9b0f78ac_576c_4b49_accc_b3b0e7f50325.pdf
    Court
    High Court

    Leave to file a notice of opposition and affidavit out of time was granted because the defendant provided a reasonable explanation for the short delay, demonstrated at least a substantial defence given the complex background (partnership and mortgagee duty allegations), and the plaintiff would not suffer irreparable prejudice; costs awarded to plaintiff on a 2B basis with disbursements.