New Zealand Case Law: Decisions & Judgments

Topic

Return of goods

Legal area

Court

23 Dec 2020

HARBOUR CITY SECURITY LIMITED v ALLIED SECURITY LIMITED [2020] NZHC 3530

Citation

[2020] NZHC 3530
Court

High Court

There was a serious question to be tried that the clients owned the keys and that a bailment/sub‑bailment existed, the balance of convenience and overall justice favoured restoring possession to the owners (or independent verification) to avoid irreparable harm to client security, and urgency justified proceeding without notice; accordingly an interim order was warranted directing respondent to return or make available the listed keys pending further order.
11 Aug 2015

SULLIVANS INTERNATIONAL (NZ) LIMITED v MARK ESDOT [2015] NZHC 1898

Citation

[2015] NZHC 1898
Court

High Court

The bankruptcy notice was not set aside because the creditor held a final unsatisfied District Court judgment with execution not stayed, the debtor failed to comply or to show a cross-claim that was equal to or greater than the judgment and that could not have been used as a defence in the original proceedings, and the alleged grounds (return of goods, storage costs, defamation) were not reasonably arguable or were available to be raised in the District Court.
30 Sept 2014

LHL LEASING SOLUTIONS LIMITED v PINTO LIMITED [2014] NZHC 2397

Citation

[2014] NZHC 2397
Court

High Court

Plaintiff is impecunious and its prospects of success are at best modest given weaknesses on key issues (GST claim inconsistent with contract, swap-out likely binding by ostensible authority, strong evidence of plaintiff's breach of maintenance obligations, return-of-goods claim weak and likely waived); balancing access to justice against these weaknesses, justice requires security for costs of $43,000, payable in two tranches, with the proceeding stayed if tranches are not paid and costs of the application awarded to defendant on a 2B basis.

New Zealand Case Law

HARBOUR CITY SECURITY LIMITED v ALLIED SECURITY LIMITED [2020] NZHC 3530

SULLIVANS INTERNATIONAL (NZ) LIMITED v MARK ESDOT [2015] NZHC 1898

LHL LEASING SOLUTIONS LIMITED v PINTO LIMITED [2014] NZHC 2397