3 Apr 2019
Because the deposit was unconditionally due before cancellation, the vendor could recover it as an accrued debt after cancellation; the Court had jurisdiction over the overseas defendant as the contract was to be performed and breached in New Zealand and the defendant filed no defence, warranting summary judgment.
5 Apr 2018
The High Court upheld the Associate Judge's decision and assumed jurisdiction because there was a sufficiently plausible evidential foundation that Mr Banks was not a habitual investor for the purposes of the Securities Act and questions about the source of funds did not defeat the statutory and contractual causes of action; factual disputes and credibility issues are matters for trial after disclosure and evidence exchange; alternatively leave to serve would have been granted and the failure to obtain leave is excused, so the protest was properly set aside.
6 Mar 2014
The prior substituted service order did not automatically extend to the new applications for varied orders/damages and, given the passage of time and potential loss of nexus between the defendants and their former solicitor, the plaintiff must apply for fresh substituted service; the matter is therefore adjourned to permit those applications.
5 Nov 2010
The Court held r 6.29 requires a two-stage inquiry and that causes of action must be considered individually; the court may assume jurisdiction where one or more causes satisfy r 6.29(1)(a) and may order the plaintiff to amend pleadings to abandon causes that do not meet the tests rather than dismiss the entire proceeding; the 'all or nothing' approach is rejected and the court may grant leave or excuse failure to seek leave under r 6.29(1)(b) where appropriate.
7 Sept 2006
Plaintiff was not entitled to default judgment because he failed to prove the defendant was ordinarily resident in New Zealand as at the relevant date and thus could not rely on r219 to serve without leave; however, because the amended claim directly concerned funds held in NZ bank accounts the court granted a preservation order and a Mareva injunction up to NZ$393,000, and granted leave to serve the amended statement of claim abroad under r220 as an alternative route.