New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Pleading affirmative defences

Legal area

Court

12 Jul 2019

TYRION HOLDINGS LIMITED v INFRASTRUCTURE NZ LIMITED [2019] NZCA 308

Citation

[2019] NZCA 308
Court

Court of Appeal

The Court held the assets transfer caused unfair prejudice but affirmed the High Court's acceptance of the respondents' valuation evidence (independent forensic accountant Martin) that INZ's value in July 2008 was low (NZD 88,850) and Tyrion's share value NZD 44,425; the Court agreed it would not be just and equitable to award compensation given factors including Blomfield's misconduct and Tyrion's knowledge of INZ's precarious finances; further evidence was refused; the indemnity costs order was excessive and was replaced with a 50% uplift on scale 2B for steps after 7 February 2018; appeal…
21 Dec 2017

Low Volume Vehicle Technical Association Inc v Brett [2017] NZHC 3281

Citation

[2017] NZHC 3281
Court

High Court

The application to recall was dismissed because the defence of qualified privilege had been raised in substance throughout the proceedings (initial pleadings, affidavits, amended pleadings, and written and oral submissions), the plaintiffs and Court had notice and opportunity to address it, and treating the substance of a self-represented litigant's case rather than strict pleading form was necessary for fairness; no very special reason to recall was established.