New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Set off vs counterclaim

Legal area

Court

11 Feb 2010

MINTER ELLISON RUDD WATTS V CHESTERFIELDS PRESCHOOLS LIMITED AND ORS HC CHCH CIV 2009-409-1700

Citation

openlaw-1fb36a47_f7b6_4c3f_8766_c94482a1cf28.pdf
Court

High Court

Defendants failed to establish an arguable defence to MERW's claim for unpaid fees under the second retainer; the alleged wrongs either predate the charged retainer and amount to separate counterclaims (not a set off) or are speculative and unsupported by contemporaneous evidence; accordingly summary judgment was appropriate and judgment was entered for MERW for the unpaid invoices.
16 Sept 2008

CDT HOLDINGS LIMITED V JOHANN LIEBENBERG AND ORS HC CHCH CIV 2008 409 947

Citation

openlaw-a556a542_9dc8_4811_a431_49818fa6351b.pdf
Court

High Court

Summary judgment was appropriate because the defendants failed to raise bona fide, reasonably arguable defences supported by evidence; allegations of misrepresentation and inflated chattel values were bare assertions unrelated to the mortgage obligation and therefore could not operate as set offs; profit on the plaintiff's lawful resale did not reduce the defendants' debt.