New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Refund of deposit

Legal area

Court

15 Feb 2012

SHEAT V BOULTON HC CHCH CIV-2011-409-002435

Citation

openlaw-2df53292_6e27_4576_8537_d36c7260417d.pdf
Court

High Court

The Court granted a freezing order because the plaintiffs disclosed a good arguable case on the summary judgment application, assets in New Zealand were identified, and there was sufficient evidence of dissipation; the Court limited the freezing order to permit sale of specified farm equipment with court approval and required further disclosure by the defendant by 24 February 2012.
8 Dec 2011

WHITLOCK V WHITE HC ROT CIV-2011-463-000426

Citation

openlaw-b0e79b28_0ae6_4a69_8339_a6391f3bf66a.pdf
Court

High Court

The agreement was validly cancelled and the plaintiffs are entitled to repayment of $220,000 with interest from 12 May 2011; costs are awarded to the plaintiffs on a 2B basis with reasonable disbursements.
25 Nov 2009

BEST OF LUCK LIMITED V TUEHI RATAPU HC AK CIV 2008-404-004541

Citation

openlaw-771a5495_8e00_439f_b9e8_5b44c828aa6d.pdf
Court

High Court

The caveat as lodged claiming an interest as purchaser under the sale agreement could not be sustained after the applicant failed to settle and had agreed to withdraw the caveat; to be preserved the interest must be pleaded as a lien and applicant must have commenced appropriate proceedings, and in the exercise of discretion the caveat is discharged where the applicant has not done so and the agreement required withdrawal.