New Zealand Case Law: Decisions & Judgments

Topic

Statutory trusts

Legal area

Court

18 Dec 2018

RE HALIFAX NEW ZEALAND LIMITED [2018] NZHC 3390

Citation

[2018] NZHC 3390
Court

High Court

The Court extended the convening period to 29 March 2019 because the administrators demonstrated that the company's business and its connection with the parent were complex, there are some 3,800 investor creditors and potential statutory trust issues, the administrators require further time to investigate and formulate proposals, the creditors' committee supported the extension, the Australian parent has an aligned extension, and there was no material prejudice to creditors, employees or suppliers and no objection from the FMA.
22 Jun 2012

JENNINGS ROADFREIGHT LIMITED(IN LIQUIDATION) & ORS V COMMISSIONER OF INLAND REVENUE HC AK CIV-2011-404-7225

Citation

openlaw-59394faa_93b6_4558_9dd8_d6a41fbad020.pdf
Court

High Court

The court held that (1) while s 157 processes can amount to an "attachment" under s 251 CA, the attachment is only "completed" by actual receipt by the Commissioner; (2) the BNZ placing funds into a suspense account did not constitute receipt by the Commissioner before liquidation; (3) the s 167 trust does not protect the Commissioner where the Commissioner had not received the funds by liquidation; therefore funds paid to the Commissioner after liquidation were subject to s 251 and must be returned to the liquidators.
27 Jun 2008

WAITARA LEASEHOLDERS ASSOCIATION INC V NEW PLYMOUTH DISTRICT COUNCIL HC NWP CIV 2004-443-162

Citation

openlaw-607d970e_01b4_43ef_a9bb_2269b2928159.pdf
Court

High Court

The December 20, 2005 costs order is set aside; WLA is entitled only to costs relating to the preliminary application that produced the first decision, assessed at category 2B for two counsel; NPDC is entitled to costs for all other scheduled items assessed at category 2B for two counsel together with specified disbursements; an uplift was not awarded because the public interest element offset the misconduct factor; parties are to resolve specific allocations between counsel and leave to apply is reserved.
20 Mar 2007

NEW PLYMOUTH DISTRICT COUNCIL V WAITARA LEASEHOLDERS ASSOCIATION INCORPORATE CA CA259/05

Citation

openlaw-657f2af6_863c_4241_92b4_dd477701de90.pdf
Court

Court of Appeal

The Court held that the harbour improvement land is held under a statutory trust created by the Waitara Harbour Act 1940 and the Council's obligations derive from that statute but that the land was not necessarily subject to the full obligations of an equitable charitable trust; the town improvement land was treated as held for town improvement purposes (provisionally as a charitable trust for purposes of the appeal); the Council did not breach its statutory or trustee obligations by resolving to offer the land to the Crown conditional on legislative removal of restrictions and fair market va…
20 Dec 2005

WAITARA LEASEHOLDERS ASSOCIATION INC V NEW PLYMOUTH DISTRICT COUNCIL HC NWP CIV-2004-443-162

Citation

openlaw-40f391c5_f848_4b86_ba54_2f1bfc6908db.pdf
Court

High Court

WLA was not entitled to indemnity costs because the statutory trusts did not authorize payment of legal costs and the litigation was self-interested/adverse to the trusts; accordingly costs could not be charged to the trust funds. WLA's solicitor-and-client claim was refused and costs were awarded on Schedule 3 category 2B with specified reductions (final award: NZD 25,357.50 costs plus NZD 12,702.51 disbursements).

New Zealand Case Law

RE HALIFAX NEW ZEALAND LIMITED [2018] NZHC 3390

JENNINGS ROADFREIGHT LIMITED(IN LIQUIDATION) & ORS V COMMISSIONER OF INLAND REVENUE HC AK CIV-2011-404-7225

WAITARA LEASEHOLDERS ASSOCIATION INC V NEW PLYMOUTH DISTRICT COUNCIL HC NWP CIV 2004-443-162

NEW PLYMOUTH DISTRICT COUNCIL V WAITARA LEASEHOLDERS ASSOCIATION INCORPORATE CA CA259/05

WAITARA LEASEHOLDERS ASSOCIATION INC V NEW PLYMOUTH DISTRICT COUNCIL HC NWP CIV-2004-443-162