New Zealand Case Law: Decisions & Judgments

Topic

Summary judgment enforcement

Legal area

Court

21 Dec 2022

SRG GLOBAL REMEDIATION SERVICES (NZ) LIMITED v BODY CORPORATE 197281 [2022] NZCA 654

Citation

[2022] NZCA 654
Court

Court of Appeal

A limited conditional stay was appropriate: preserve status quo by protecting SRG from worsening credit risk while addressing Body Corporate's concern about access to funds if it becomes creditor; stay granted only if Body Corporate provides an irrevocable bond/guarantee from a reputable New Zealand financial institution for the certified judgment sum (excluding interest and costs) by 27 January 2023, otherwise stay lapses and SRG may execute, with directed retention or reciprocal security arrangements to protect the Body Corporate pending leave/appeal determinations.
16 Apr 2020

CHANDLER PROPERTIES LTD v YU [2020] NZHC 753

Citation

(2020) 20 NZCPR 799
Court

High Court

The purported cancellation was ineffective because the contractual notice requirements were not met (email acknowledgment and proper addressee); therefore the Agreement remained on foot and the plaintiff could enforce the summary judgment by way of a sale order because the summary judgment constituted a judgment for a sum of money enforceable under r 17.63 of the High Court Rules.
17 Jun 2014

KING & Anor v WOODS [2014] NZHC 1356

Citation

[2014] NZHC 1356
Court

High Court

Because the judgment remained unsatisfied and the documents sought were reasonably necessary and proportionate to investigate the examinee's and Arkles Trust's financial position given the complexity of transactions, the court granted the examination and ordered production and service of specified documents and apportioned photocopying cost responsibility to the plaintiffs.
5 Nov 2012

CS GRIFFITHS V BJ MARAN HC WN CIV-2012-485-985

Citation

openlaw-3d35e150_3ef2_4368_a6a2_ff7ff2c76593.pdf
Court

High Court

The application was adjourned because the Official Assignee was investigating the principal debtor and the third party guarantor was being liquidated; the court accepted the creditor's proposal to adjourn under s 38 to allow pursuit of recovery from the principal debtors before resuming the bankruptcy application against the judgment debtor.
31 Mar 2011

SPOTBURN FARMS LIMITED V STOCKCO LIMITED HC AK CIV-2010-404-3209

Citation

openlaw-444656f7_f295_40f0_9d8c_6c2b6430a181.pdf
Court

High Court

The Court ordered under s 291(1)(a) Companies Act 1993 that Spotburn pay the undisputed debt of $232,562.50 within 5 working days commencing 31 March 2011 and that, in default, Stockco may immediately apply to put the company into liquidation; the Court also awarded solicitor and client costs of $18,729.08 to Stockco and refused the adjournment.
14 May 2010

SHIRLEY-ANNE CARVER AND ORS V NEIL CLARENCE JACK AND ANOR CA268/2009

Citation

openlaw-c714f4e0_d049_4fb7_8968_b75c2be9454e.pdf
Court

Court of Appeal

The court refused the adjournment and declined the extension of time under r 43 because the applicants' explanation for delay was not compelling, the Official Assignee had refused consent to continuation due to lack of merit following the applicants' bankruptcy, and the underlying summary judgment gave the proposed appeal little prospect of success; accordingly the appeal was treated as abandoned under r 43 and respondents awarded costs.
25 Oct 2007

DAVID ANTHONY LIMITED V DAVID ANTHONY HAM AND SUSAN LESLIE HAM TRADING AS D A AND S L HAM IN PARTNERSHIP HC PMN CIV 2007-454-641

Citation

openlaw-060f0e4f_00dd_4134_8671_3d6bc1e9eb0e.pdf
Court

High Court

Defendants had not fully accounted for proceeds of sale and, given their prior conduct, there was a real risk they would dissipate assets; consequently a mareva injunction was justified and granted, subject to qualifications (weekly living allowance, leave to apply for more, specified payments from frozen funds), and contempt proceedings were adjourned for further hearing.

New Zealand Case Law

SRG GLOBAL REMEDIATION SERVICES (NZ) LIMITED v BODY CORPORATE 197281 [2022] NZCA 654

CHANDLER PROPERTIES LTD v YU [2020] NZHC 753

KING & Anor v WOODS [2014] NZHC 1356

CS GRIFFITHS V BJ MARAN HC WN CIV-2012-485-985

SPOTBURN FARMS LIMITED V STOCKCO LIMITED HC AK CIV-2010-404-3209

SHIRLEY-ANNE CARVER AND ORS V NEIL CLARENCE JACK AND ANOR CA268/2009

DAVID ANTHONY LIMITED V DAVID ANTHONY HAM AND SUSAN LESLIE HAM TRADING AS D A AND S L HAM IN PARTNERSHIP HC PMN CIV 2007-454-641