New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Summary judgment r 12.2(2) high court rules

Legal area

Court

19 Jun 2017

CBA CONSULTING GROUP LIMITED (IN LIQUIDATION) v KELLAWAY [2017] NZHC 1333

Citation

[2017] NZHC 1333
Court

High Court

Summary judgment was dismissed because there were genuine, material factual issues on key matters—whether the defendant approved or subsequently ratified the trust drawings by signing the shareholders' certificate/minute, and whether she had reason to suspect the company's insolvency at the relevant times under s 310(2). Those disputes require discovery, cross-examination and trial; accordingly none of the plaintiff’s claims could be said conclusively unable to succeed on the evidence before the court.
28 Jul 2011

SATARA CO-OPERATIVE GROUP LIMITED V FUS LIMITED (FORMERLY APOLLO FRUIT LIMITED) (IN LIQUIDATION) HC NAP CIV-2008-441-856

Citation

openlaw-1b47522e_73b6_4a4a_9595_64f60e1988f3.pdf
Court

High Court

The defendants' summary judgment application was dismissed because there is a real and unresolved legal and factual doubt whether the plaintiff is a 'creditor' (including contingent creditor) for the purposes of s 301, and the defendants did not establish a clear, complete defence that cannot be contradicted; the plaintiff's consolidation application was refused because the two proceedings involve materially different causes, issues and timelines and consolidation would be prejudicial and cause delay; costs lie where they fall.