New Zealand Case Law: Decisions & Judgments

Topic

Powers of attorney

Legal area

Court

22 Jul 2022

SEN v PUBLIC TRUST [2022] NZHC 1776

Citation

[2022] NZHC 1776
Court

High Court

The Court held the agreement was enforceable and promissory estoppel established: Colin had capacity to enter and perform the transactions (established by his planning, negotiation, implementation and the solicitor's contemporaneous note); the defendants failed to prove undue influence or unconscionability; accordingly the defendant's counterclaim failed and the plaintiff is entitled to the defendant's half share to be vested in her.
21 Dec 2021

WU v CHIU [2021] NZHC 3577

Citation

[2021] NZHC 3577
Court

High Court

On the rehearing the Court upheld the Family Court's classification of the Kiltole Drive properties as relationship property because the cumulative evidence supported that the appellant controlled the accounts, treated the funds as his own and used sale proceeds for personal indebtedness; however the Court allowed the appeal in relation to the two $100,000 deposits, quashing the order requiring reimbursement because there was insufficient evidence to displace the appellant's account that the funds were repayment to a third party (Jun Luo).
26 Feb 2021

ASI GLOBAL INVESTMENTS INC v YOUSEF [2021] NZHC 288

Citation

[2021] NZHC 288
Court

High Court

The charging order remains in force because ASI has an arguable case that the respondent transferred company assets and remains a creditor-defendant in foreign proceedings, the respondent is actively considering disposal (sale or harvesting) of the forestry block/harvesting rights which would significantly increase the risk of ASI being unable to satisfy any judgment, and the matters not disclosed on the without-notice application would not have altered the Judge's view under r 17.41; accordingly r 17.41(a) is satisfied.
15 Jun 2018

R v XU, CHEN & JIANG [2018] NZHC 1433

Citation

[2018] 3 NZLR 626
Court

High Court

On the totality of direct and circumstantial evidence, including forensic IT linking creation of false Chinese bank statements to devices in Xu's office, transaction and text-message evidence showing coordination by Huang and transmission through Chen, and forensic accounting showing funds routed through accounts controlled by Chen and paid to bank staff, the Court found beyond reasonable doubt that Xu, Chen and Jiang knowingly engaged in deception or omissions that induced banks to advance credit and that secret commissions were paid and given. The Court also held s 240(1)(b) does not requir…
20 Oct 2015

HOLMES & ANOR v HOLMES [2015] NZHC 2576

Citation

[2015] NZHC 2576
Court

High Court

Respondent was manifestly mentally incapable of performing the duties of administrator; removal under s 21 was therefore expedient and in the best interests of the estate and beneficiaries, and the appointment of Murray Brian Holmes and Deborah Faith Buchanan as administrators was appropriate given their connection, qualifications and the practical need for two administrators.
13 Aug 2015

PUBLIC TRUST v VERNON & ANOR [2015] NZHC 1928

Citation

[2015] NZHC 1928
Court

High Court

The Court found that the son exercised actual undue influence and breached fiduciary duties in using the deceased's enduring power of attorney and control of accounts to transfer and deplete the deceased's assets for the defendants' benefit; those transfers are set aside as tainted, the defendants must account to the estate for $280,354 (after credits for care and capital items) and interest is payable from 5 September 2008; limitation did not bar the claim because defendants' fraud and concealment postponed accrual.
19 Jun 2015

DEREK NICHOLAS BLACKWELL AND CHARLES BASIL BLACKWELL as Executors and Trustees of the Estate of ROSS WINSTON BLACKWELL v LEITH ROGER CHICK AND ROSEMARY CHICK [2015] NZSC 85

Citation

[2015] NZSC 85
Court

Supreme Court

Leave to appeal was refused on capacity and unconscionability because no substantive legal question of public importance arose and concurrent factual findings below were not susceptible to review; leave was granted on causation because the Court of Appeal's conclusion that solicitor negligence caused no loss raised a question suitable for Supreme Court consideration, given the High Court findings that proper advice would likely have produced different contractual protection.
13 Sept 2012

LIHUA LIMITED V BODY CORPORATE 366611 HC AK CIV 2012-404-000937

Citation

openlaw-9aed44f0_a32d_42f5_8efd_145ac2f9f8f6.pdf
Court

High Court

The amended clause 9.2 and ensuing powers of attorney and proxy appointments were not unlawful for the purposes of the 13 December 2011 AGM; Theta's nominee validly represented and voted for the owners at that meeting; the AGM was valid (quorum satisfied and reg 6 does not mandate audited financial statements); access to the register requires a formal request and Body Corporate approval under reg 4 but the register search right includes taking copies; however, the levies invoiced as an "additional legal levy" on or about 28 February 2011 were ultra vires and invalid absent a proper proportion…
28 Jun 2012

ESTATE OF SUMINATRA PRASAD HC WN CIV 2008-485-2177

Citation

openlaw-eeec1cec_3d83_4c76_a2db_e03c01f5bba4.pdf
Court

High Court

On the balance of probabilities the Court was satisfied that Sumintra Prasad had testamentary capacity at the time she executed the will on 11 August 2008, that she knew and approved its contents as explained in Hindi, and that she was not subjected to undue influence; accordingly probate was granted in respect of the 11 August 2008 will.
18 Dec 2009

LANDCORP FARMING LIMITED HC WN CIV-2009-485-2012

Citation

openlaw-215ef900_7362_4c7d_85f1_bb9727fd28d8.pdf
Court

High Court

Given the contractual scheme (clause 21), the existence of a power of attorney, the factual impediment caused by LPL's removal from the register, and the absence of opposition, s52(1)(b)(iv) authorises the Court to vest the specified land in the applicant as trustee for the sole purpose of enabling transfers to the purchasers, and the Court so orders.