New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Release from undertaking

Legal area

Court

17 Apr 2023

RE ROCKY PEAKS CONTRACTING LIMITED EX PARTE R M SPROTT [2023] NZHC 800

Citation

[2023] NZHC 800
Court

High Court

The undertaking's purpose was frustrated by the passage of time and intervening events (including Rocky Peaks being struck off the Companies Register) such that it was unreasonable to require the solicitor to continue to hold the funds; accordingly the solicitor is released from the undertaking and the funds (with accrued interest) must be paid to the trustees entitled to them.
3 Nov 2011

COMMERCE COMMISSION V AIR NEW ZEALAND LTD HC AK CIV-2008-404-008352

Citation

openlaw-f04c552b_b3cd_4f2a_9ee1_63dd26f02ffb.pdf
Court

High Court

The application to be released from the undertaking was refused because the undertaking was a material condition on which the Commission accepted a staged trial; no sufficient significant change of circumstances or discovery of facts was established to render enforcement unjust; release would prejudice the Commission, risk duplicative appellate processes and increased cost and delay, and therefore would be unjust.