New Zealand Case Law: Decisions & Judgments

Topic

Trust account records

Legal area

Court

14 Feb 2020

GRANT v JESSE & ASSOCIATES BARRISTERS & SOLICITORS [2020] NZHC 168

Citation

[2020] NZHC 168
Court

High Court

The Court ordered production under s 266(2)(b) because respondents had failed to produce bank statements and other documents that are in their possession or control and that are plainly necessary to the liquidator's investigation; the examination under s 266(2)(a) was adjourned to allow voluntary interview and to avoid unnecessary use of court time, with directions and deadlines to progress the matter.
9 Dec 2010

646 VICTORIA (HAMILTON) (IN LIQN) V HUNT HC HAM CIV 2009-419-001640

Citation

openlaw-1bc5a3f2_9274_4d2c_aa21_c18aa020ebcb.pdf
Court

High Court

Summary judgment was refused because there remained genuine disputes and evidential gaps — in particular unresolved and potentially dispositive assertions that the defendant advanced significant funds to the company (recorded in solicitor trust accounts not yet scrutinised) and unresolved non-cash items in the liquidators' schedule — such that the matters required trial and directions for further disclosure and case management.
1 Feb 2008

EDEN REFUGE TRUST & ANOR V HOHEPA & ANOR HC AK CIV 2003-404-000539

Citation

openlaw-0c197822_fe2f_474d_a90c_69cc3c906ea6.pdf
Court

High Court

The Court found the Dunedin hotel file relevant and ordered it produced for inspection; it refused to order production of Mr Hohepa's response letter as speculative and not shown relevant to Mr Fletcher; it ordered the trust account records evidencing the $144,213 transfer produced for inspection so the Court can determine whether privilege applies or is vitiated by the fraud exception; compliance was ordered within 14 days.
23 Oct 2007

A A MEAKER V M O NEWDICK AND ANOR HC AK CIV 2006-404-003428

Citation

openlaw-5b564897_12be_4596_b3bb_27a5c63a88a7.pdf
Court

High Court

Documents that were instructions to the solicitors to give an undertaking (P10 and P11), the contracts and transactional conveyancing records, and trust account narrations are not protected by solicitor-client privilege in bulk; defendants' blanket claims of privilege over these items are set aside and defendants must re-list and produce non-privileged documents and relevant parts of trust records, with remaining privileged material excised.

New Zealand Case Law

GRANT v JESSE & ASSOCIATES BARRISTERS & SOLICITORS [2020] NZHC 168

646 VICTORIA (HAMILTON) (IN LIQN) V HUNT HC HAM CIV 2009-419-001640

EDEN REFUGE TRUST & ANOR V HOHEPA & ANOR HC AK CIV 2003-404-000539

A A MEAKER V M O NEWDICK AND ANOR HC AK CIV 2006-404-003428