New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Prima facie fraud standard

Legal area

Court

20 Nov 2020

NORTH SHORE AERO CLUB INC v BLACK RIVER TRUSTEES LTD [2020] NZHC 3070

Citation

[2020] NZHC 3070
Court

High Court

Aero Club failed to establish a prima facie case of fraud under the Land Transfer Act 2017 because, although Black River (through its director) had actual knowledge of the Aero Club's equitable interest, there is no credible evidence of dishonest conduct or an intention at the time of registration to defeat that interest; the sale to Black River had a commercial justification (to discharge a superior mortgage) and left no practicable benefit to the Aero Club, so the caveat was ordered removed (effective 14 days).
22 Oct 2013

HADEN v WELLS & ORS [2013] NZHC 2753

Citation

[2013] NZHC 2753
Court

High Court

The High Court upheld the District Court strike out because the new evidence (notably the audit report) criticised AWINZ's governance but did not establish operative fraud or perjury sufficient to vitiate Judge Joyce's defamation judgment; the material lacked the particularity and cogency required to found a prima facie fraud case and would not have changed the outcome, so the strike out was correctly exercised.