New Zealand Case Law: Decisions & Judgments

Topic

Summary judgment/strike-out

Legal area

Court

14 Apr 2021

SAIN v JOSEPH ERCEG [2021] NZHC 761

Citation

[2021] NZHC 761
Court

High Court

Summary judgment and strike‑out were inappropriate because the plaintiff's oral trust claim, though weak, was arguable and genuine factual and legal disputes remained that required full hearing and disclosure: the caveat ruling was interlocutory and did not estop full litigation; limitation did not bar the beneficiary's claim under Limitation Act 1950 s21(1)(b) (preserved by Limitation Act 2010 savings) and the question whether the statutory writing requirement is defeated by equitable fraud principles requires trial; laches could not fairly be determined without plaintiff evidence; pleadings…
20 Jul 2017

JIANGANG XU v JIN LIU (AKA DANIEL HU) [2017] NZHC 1689

Citation

[2017] NZHC 1689
Court

High Court

Defendants failed to show on affidavit evidence that the Hangzhou court lacked jurisdiction, that the judgment was obtained in breach of natural justice, or that it was procured by fraud because material factual disputes exist requiring cross-examination; therefore the application to strike out or for summary judgment of the enforcement claim is dismissed. The application to stay the remaining causes of action is dismissed because the defendants have not shown Hangzhou is an available and clearly more appropriate forum and, given the enforcement claim will proceed in New Zealand, it would be…
18 Dec 2015

RONALD GORDON OKEY v THE PUBLIC TRUSTEE [2015] NZHC 3318

Citation

[2015] NZHC 3318
Court

High Court

The Court held that s123(2) LTA meant any transmission to the Public Trustee did not defeat the Okey parties' existing equitable easement; the beneficiaries and the Trust acknowledged the equitable interest so no loss resulted from the executor's acts or omissions; accordingly there was no utility in the declaratory relief and no viable cause of action against the Public Trustee, and the claims against the Kingsbeer parties were frivolous or without merit and were struck out; summary judgment for the Public Trustee and strike-out of the Kingsbeer defendants were ordered.
12 Dec 2005

RONG JI HUANG AND QI MEI HUANG V NORTH SHORE CITY COUNCIL HC AK CIV 2005-404-002991

Citation

openlaw-b658bbe9_9755_4181_a8be_e562b3bd2f94.pdf
Court

High Court

The plaintiffs' causes of action against the Council were untenable because the statutory scheme of the Building Act required the Council to accept the approved certifier's certificates and to issue the consent under s34(3)/s50(1)(a); accordingly the Council owed no actionable duty to the plaintiffs to peruse plans or to inspect in the circumstances, and the misfeasance claim lacked factual foundation — summary judgment for the defendant was warranted.

New Zealand Case Law

SAIN v JOSEPH ERCEG [2021] NZHC 761

JIANGANG XU v JIN LIU (AKA DANIEL HU) [2017] NZHC 1689

RONALD GORDON OKEY v THE PUBLIC TRUSTEE [2015] NZHC 3318

RONG JI HUANG AND QI MEI HUANG V NORTH SHORE CITY COUNCIL HC AK CIV 2005-404-002991