New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Summary judgment on liability

Legal area

Court

15 Sept 2023

FORBES v TOWNSEND [2023] NZHC 2578

Citation

[2023] NZHC 2578
Court

High Court

Summary judgment was dismissed because the defendants raised an arguable defence that nominees/trustees cannot recover for pre‑contractual misrepresentations not made to them under current authorities and, on the material before the Court, the purchaser's reliance on the vendor's short pre‑auction statement was arguably unreasonable in light of a comprehensive builder's report indicating moisture issues; therefore there is a viable defence and factual issues requiring trial.
29 May 2017

MCRAEWAY GROUP LIMITED v LANE NEAVE [2017] NZHC 1138

Citation

[2017] NZHC 1138
Court

High Court

Defendant breached its contractual and professional duty by failing to advise the plaintiff of statutory demand time limits and failing to take steps to dispute the first demand; the breach caused the plaintiff's loss because it was established beyond argument that, if properly advised, the plaintiff would not have allowed acts of insolvency to occur and thereby would have avoided termination of the licence; the loss was a reasonably foreseeable consequence; accordingly summary judgment was granted on liability and a trial ordered on quantum.