New Zealand Case Law: Decisions & Judgments

Topic

Setting aside judgments

Legal area

Court

22 Jul 2022

HERBERT v USAR NAPIER LIMITED [2022] NZHC 1783

Citation

[2022] NZHC 1783
Court

High Court

The applications to set aside the bankruptcy notices were dismissed because the applicants failed to show a tenable basis to challenge the underlying judgments: Lunn's covering email did not exclude personal liability but at most indicated an indemnity/right of recourse to trust assets, and Herbert's alleged cross-claim was not reasonably arguable and the Court of Appeal dismissed the appeal; accordingly the bankruptcy notices remain valid.
23 Oct 2018

PATEL v RAJJO NOMINEES LIMITED [2018] NZHC 2746

Citation

[2018] NZHC 2746
Court

High Court

Because the trustees had paid the full judgment debt, the balance of justice required removal of caveats and discharge of charging orders over their properties; the potential disadvantage to the defendant from the s 148 prohibition did not outweigh the trustees' right to deal with their property. The second defendant should be struck out because he was improperly cited, and costs are limited to recovery of plaintiffs' disbursements against the first defendant with no costs to the solicitor representing himself.
4 Dec 2015

Gudmundsen v Carrington [2015] NZHC 3070

Citation

[2015] NZHC 3070
Court

High Court

The Court recognised the final NSW judgment as the proper foundation for the bankruptcy application, concluded the debtor had been given ample opportunity (including time to seek legal aid) to challenge that judgment but had not secured the means to do so expeditiously, and therefore adjudicated the debtor bankrupt and awarded costs to the applicant.
14 May 2015

White v Lynch [2015] NZHC 1020

Citation

[2015] NZHC 1020
Court

High Court

The statement of claim was struck out in its entirety as an abuse of process: the non-fraud causes were barred by res judicata/issue estoppel or could and should have been raised in the prior proceeding; the alleged fraud claims failed because plaintiffs did not plead or produce fresh, cogent, material evidence demonstrating conscious and deliberate dishonesty that would likely be decisive on rehearing. Consequently no genuine triable cross-claim remains to set aside or stay the bankruptcy notices; costs reserved.
16 Feb 2015

WAITOMO ADVENTURES LIMITED v O'HAGAN [2015] NZHC 185

Citation

[2015] NZHC 185
Court

High Court

The halt order was lifted because the Court lacked jurisdiction to overturn the Employment Court's effective judgment of 11 December 2014 and, absent a viable basis to set that judgment aside, there were no grounds to continue the halt.
16 Jul 2012

KIPPING V UDC FINANCE LIMITED HC CHCH CIV-2010-409-2273

Citation

openlaw-34783b3c_b00c_461b_aecd_ab98fc746dde.pdf
Court

High Court

Applicant failed to satisfy s 309(1)(a) because the adjudication was properly made on the basis of a valid District Court judgment and proper service; no new material justified annulling the adjudication and, even if threshold met, the Court would refuse discretion given unpaid settlement, applicant's insolvency, and misuse of process; application dismissed.
26 Apr 2012

WILKINSON ADAMS V BETHUNE HC DUN CIV-2011-412-000860

Citation

openlaw-33272425_a2ec_4ff0_beea_92c1933796eb.pdf
Court

High Court

The High Court held the District Court Judge erred in concluding the proceeding had ended under r2.14.4 because s161 created a statutory stay which prevented the relevant time limits from running; the appellant acted prematurely by attempting to serve an information capsule before the s161 stay had expired (30 working days from the Standards Committee decision, expiring 24 January 2011), service by ordinary post was not authorised by the Rules in the circumstances, and there was insufficient evidence the information capsule was actually served; those irregularities entitled the defendant to h…

New Zealand Case Law

HERBERT v USAR NAPIER LIMITED [2022] NZHC 1783

PATEL v RAJJO NOMINEES LIMITED [2018] NZHC 2746

Gudmundsen v Carrington [2015] NZHC 3070

White v Lynch [2015] NZHC 1020

WAITOMO ADVENTURES LIMITED v O'HAGAN [2015] NZHC 185

KIPPING V UDC FINANCE LIMITED HC CHCH CIV-2010-409-2273

WILKINSON ADAMS V BETHUNE HC DUN CIV-2011-412-000860