New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Quantum and interest

Legal area

Court

10 Oct 2011

MATAI MINING LTD V MORRIS CONTRACTORS LTD HC CHCH CIV-2010-409-001949

Citation

openlaw-a4111460_9a77_49db_88cd_ff8d35ea16f8.pdf
Court

High Court

Matai held prior enforceable rights to the gold under the Tribute Agreement; Morris extracted gold after being given notice of Matai's rights and is therefore liable to Matai for the value of the gold extracted (400 ounces), with interest at prescribed rates and costs; the judgment is limited to Matai v Morris and does not determine rights as between Matai and Tui.
28 Mar 2007

PAPER RECLAIM LIMITED V BROWN AND ANOR HC DUN CIV-2006-412-000915

Citation

openlaw-9daa97f5_6500_467d_8908_84bd56e27254.pdf
Court

High Court

The defendants must repay $248,145.96 because they had no authority or contractual entitlement to receive the payments; they failed to establish a change of position defence (tax payments are unclear and unlikely to remain payable given the finding payments were not due); contributory negligence does not reduce a restitutionary claim; accordingly no defence to the restitution claim exists and full judgment is ordered with interest from the filing date.