New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Setting aside judgment for fraud

Legal area

Court

6 Mar 2020

NARESH v NEW ZEALAND TRANSPORT AGENCY [2020] NZHC 422

Citation

[2020] NZHC 422
Court

High Court

The applicant failed to establish deliberate and dishonest conduct amounting to fraud; at most there were numerical discrepancies which did not demonstrate intent to mislead, the matters complained of were previously before the courts, and the application constituted an abuse of process and was struck out; costs were awarded to the respondent on a 2B basis.
15 Dec 2006

SPEIRS V PERRY DEVELOPMENTS LTD & ORS HC HAM CIV 2005-419-1251

Citation

openlaw-c284c247_a782_4511_96fc_3ad2e6fc6e15.pdf
Court

High Court

A proceeding seeking to set aside a judgment for fraud may be struck out where the plaintiff fails to provide the requisite probative evidence to establish a prima facie or arguable case of fraud/perjury; here the Lipp report was verified by affidavit and the material relied upon (including invoice issues and alleged method of report compilation) lacked the necessary foundation or materiality such that it would probably have affected the original outcome, and therefore the statement of claim was properly struck out.