New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Proof of payment

Legal area

Court

3 Nov 2021

WAIMAURI LIMITED v GORDON [2021] NZHC 2965

Citation

[2021] NZHC 2965
Court

High Court

Summary judgment was refused because the plaintiff failed to establish that the defendant had no arguable defence: although the court found the agreement could be characterised as a deed (so limitation did not bar the claim), there remained genuine triable issues as to whether the plaintiff actually paid the loan principal to the borrowers or their order and whether the plaintiff's prolonged delay in enforcement gave rise to oppressive conduct; those issues required full hearing rather than resolution on affidavits.
22 Apr 2021

FINANCIAL SERVICES COMPLAINTS LTD v CHIEF OMBUDSMAN [2021] NZHC 855

Citation

[2021] NZHC 855
Court

High Court

The Court allowed the claim for the Crown Law invoice of $16,780.55 because, on the evidence and given substantial redactions in OIA material, the non-party discovery was specific to and reasonably necessary for the conduct of the judicial review and contributed contextually to the predetermination finding; the invoiced amount was reasonable despite lack of detailed breakdown. The defendant is entitled to proof the invoice has been paid before reimbursement is ordered.