New Zealand Case Law: Decisions & Judgments

Topic

Repayment of loan

Legal area

Court

13 Jun 2023

NOBILO v NOBILO [2023] NZHC 1450

Citation

[2023] NZHC 1450
Court

High Court

Contemporaneous documentation and communications established that Mr M Nobilo advanced funds to the S Nobilo Family Trust on agreed terms (repay by 30 April 2016 with 5% interest), the Trust accepted and applied the funds to repay FM Custodians, the defences raised were inconsistent with those contemporaneous records and were not reasonably arguable, and therefore summary judgment was appropriate for the unpaid principal and interest and costs.
10 Sept 2021

MACNAMARA v MACNAMARA [2021] NZHC 2361

Citation

[2021] NZHC 2361
Court

High Court

The Court directed payment of the $500,000 plus interest because the contemporaneous documentary evidence (the signed Deed of Acknowledgement of Debt), bank records of the 30 May 2008 payment, witness evidence of execution and solicitor's file notes overwhelmingly established the advance was a loan; Mr Macnamara's late, equivocal and inconsistent challenge to signature authenticity was insufficient to meet the threshold for forensic examination and did not create a genuine factual dispute to defeat the trustees' application for directions; the trustees had jurisdiction under the consent order…
21 Jun 2021

CHOUBEY v FIVESTART PROPERTIES LTD [2021] NZHC 1461

Citation

[2021] NZHC 1461
Court

High Court

On balance and by inference from contemporaneous documents and conduct the Court found the parties entered a partnership to acquire the Monk Road property with profits to be shared equally after reimbursement of contributions; the Court rejected defendant's account that $57,000 was repaid (found no reliable evidence of the alleged $40,000 and $17,000 cash repayments) and found the power of attorney was not proved to have been signed by Ms Choubey; accordingly plaintiffs retain a beneficial interest and are entitled to relief including an accounting and division of net sale proceeds or buyout.
17 Jun 2021

SUO v YANG [2021] NZHC 1435

Citation

[2021] NZHC 1435
Court

High Court

As the successful party, the plaintiff was entitled to costs on a category 2B basis and recoverable disbursements; in the absence of any response from the defendant the Court accepted the applicant's schedule and ordered payment of costs of $19,870 and disbursements of $1,400.
1 Apr 2019

KUMAR TRUSTEE CO LTD v VENUGOPAL CHAWDRAPU [2019] NZHC 649

Citation

[2019] NZHC 649
Court

High Court

Although Kumar Trustee Ltd held legal title, the parties’ conduct and documentary record (notably the 11 January 2010 gifting letter and consistent payments by the defendants that reduced the mortgage and met outgoings) established a common intention and gave rise to an institutional constructive trust such that the defendants were the beneficial owners of the equity in the property; consequently there was no enforceable vendor loan of $211,136.89 and the plaintiff’s debt claim failed.
18 Jun 2018

BRKIC & ORS v WHITE & ORS [2018] NZHC 1458

Citation

[2018] NZHC 1458
Court

High Court

The Court found on the evidence that clause 6 had been deleted prior to the purchasers' execution and that the purchasers, given their knowledge and commercial sophistication, entered the transaction accepting no vendor warranties; the fraud allegation failed, the ASP was enforceable and the vendor loan of $109,820 is payable with contractual interest at 22% per annum from 10 May 2012; an adverse inference supported the plaintiffs because the defendants failed to call key witnesses who could have contradicted the vendors' account.
19 May 2016

CHANG v LEE [2016] NZHC 1040

Citation

[2016] NZHC 1040
Court

High Court

On the proved facts the $275,000 advanced by Mr Chang was an advance/loan to be used to purchase Sunnynook and was given subject to an expectation of a ten-year term tied to employment assistance from Ms Wang; that arrangement created equitable/fiduciary obligations on Ms Wang and Ms Lee such that Mr Chang is entitled to repayment of the balance at the end of the ten-year period and an equitable charge over Sunnynook to secure that repayment; the defendant's set-off claim failed for lack of an enforceable debt and insufficient legal basis for indemnity.
4 Dec 2013

R L PAUL v C G PAUL [2013] NZHC 3231

Citation

[2013] NZHC 3231
Court

High Court

The caveat was dismissed because contemporaneous documents and Companies Office records sufficiently supported the respondent's account that the $50,000 advance was repaid by share transactions or otherwise accounted for, the applicant failed to establish an arguable caveatable proprietary interest or reliable contemporaneous evidence of non‑repayment, and the caveat process was inappropriate to decide a 17‑year disputed debt which should be litigated in ordinary proceedings.
14 Jun 2013

KWON and PARK v JO-ANN QUON [2013] NZHC 1431

Citation

[2013] NZHC 1431
Court

High Court

The $150,000 advance was a loan provided by the plaintiffs (via Steven) to the defendant, conditional on the plaintiffs' mother residing at Armoy Drive; eviction of the mother in July 2011 triggered the right to demand repayment, the plaintiffs made demand by issuing proceedings in December 2011, the constructive trust claim fails, and the plaintiffs are entitled to judgment for repayment of $150,000 plus interest from 23 December 2011; affirmative defences fail.