New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Shareholder loan

  • 17 May 2021

    YU v BRADLEY [2021] NZHC 1098

    Citation
    [2021] NZHC 1098
    Court
    High Court

    Grant partial stay: decline stay in respect of $300,000 of the $449,635.85 judgment sum and allow that amount to be paid to respondents conditional on formal undertakings by the Bradleys and the Carrs; keep $149,000 in applicant's solicitor trust to ensure immediate repayment ability if appeal succeeds. Decision based on balancing prejudice, finding respondents have sufficient assets (shareholder loan and family home equity) and binding undertakings provide adequate security for the retained portion while protecting applicant's access to some funds.

  • 5 Dec 2006

    HARRIS V POLLARD HC WN CIV-2006-485-1820

    Citation
    openlaw-e7ae1388_71ac_4c90_bfd4_db8b91244e05.pdf
    Court
    High Court

    On the evidence including contemporaneous e-mails, company financial statements and a draft Deed of Acknowledgement of Debt, the payments were loans made by the plaintiff to the defendant who on‑lent them to the company; the plaintiff satisfied the burden under r136 that the defendant had no real defence to the claim for $227,000 outstanding; summary judgment was therefore appropriate, subject to a conditional non-sealing period of 60 working days to allow related Family Court proceedings or repayment arrangements.