New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Party identity and standing

Legal area

Court

22 Nov 2010

WALLACE V BBX FINANCIAL SOLUTIONS LTD AND ANOR HC AK CIV-2010-404-000208

Citation

openlaw-c54cae10_c6cf_4f69_b845_ba305f0d6c4c.pdf
Court

High Court

The High Court granted leave because the judgment raised substantive questions of law of general commercial importance—specifically whether a company's change of registered name can be treated as the company ceasing to exist and thus defeating enforcement of agreements and guarantees—and those questions satisfied the Waller/Snee tests for leave to appeal to the Court of Appeal.
19 Jul 2010

WALLACE V BBX FINANCIAL SOLUTIONS LTD AND ANOR HC AK CIV-2010-404-208

Citation

openlaw-19ebd565_7b66_47b4_a24d_c0524782b595.pdf
Court

High Court

The appeal was allowed because the plaintiffs failed to prove that the entity enforcing the guarantee (BBX Financial Solutions Ltd) had the contractual rights under the underlying agreement at the time the guarantee was given; the guarantee and membership agreement named different corporate entities, the contracting party that could claim the debt did not exist at the relevant time, and the District Court judgment was therefore given in favour of an entity that lacked entitlement (and had in fact ceased to exist).