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1. LCRO 359/2013 SW v LM [pdf, 212 KB]

   ...remarks1 to his closing submissions which comprised some 100 pages of written material:2 Broadly speaking, what we have is a situation where Mr SW has salvaged money from his crumbling entities that were ultimately held for the benefit of him and his former family. In doing so he has disregarded the interests of his creditors and his prior family. He turned his back on Mrs SW and his 4 children leaving them to live an impoverished life while he secured for his new family hundreds of...

2. Hotene - Estate of Paratene Mita Hotene [2018] Chief Judge's MB 277 (2018 CJ 277) [pdf, 365 KB]

   ...succession orders made at 90 Whakatane 405-407 (1 September 1998) and 92 Whakatane MB 250-251 (28 January 2000) amended. 2. The applicant is the grand nephew of Paratene Mita Hotene (’the deceased’) who died on 30 January 1980. He is requesting correction of the names of two people identified as issue of his grandfather Kereopa Hotene (a brother to the deceased). The deceased did not leave a will and had no children. 3. The applicant claims both orders are incorrect thro...

3. BC v BB Ltd [2023] NZDT 376 (18 July 2023) [pdf, 113 KB]

   ...skill and judgement when he recommended the Projector to her as suitable for the Club’s purposes, and it should not have failed after minimal use as it did. Page 3 of 5 10. Having carefully considered the available evidence and information, and having heard from the parties, I find that BC has not proved, on the balance of probabilities, that the Projector was not reasonably fit for purpose. I make this finding because: (a) The Projector operated well for BC’s purpo...

4. H Ltd v HF [2025] NZDT 168 (24 February 2025) [pdf, 225 KB]

   ...likely costs, and where that proves otherwise, to update the client that costs are likely to exceed original expectations. 19. However, in this case I find that H Ltd is entitled to charge as it has for the following reasons: a. The contract was formed when HF, either directly or via his then agent [Design Agency], agreed to H Ltd’s statement that it would only do the work if it could charge based on work done. The estimate was given after the formation of the contract; b. The...

5. Owhetu Block Charitable Trust - Lot 1 Deposited Plan 427145 (2015) 98 Taitokerau MB 242 (98 TKT 242) [pdf, 213 KB]

   ...appellant made an oral application during the opening of the hearing. Opposing counsel was only made aware of the application for an adjournment at the commencement of the hearing. The Māori Appellate Court held: Mr Nash, we have considered your request for an adjournment. This application, notice of appeal was filed on 26 April. The respondent is entitled to finality in this matter. The appellant has had more than adequate time to brief counsel; the fact that you have been br...

6. Baker v Baker - Tarawera 5A (2012) 18 Takitimu MB 262 (18 TKT 262) [pdf, 137 KB]

   ...would have jurisdiction is s 315. [31] The application is adjourned in respect to that application and the applicant is to advise the Court within two months of the date of the decision as to whether they wish to pursue the application. If no request is received to continue with the application within that time, the application will be dismissed. If a request is received to proceed with the application, a conference will be called with counsel to timetable a hearing. [32] All ot...

7. Karena v Allen - Te Koau A (2016) 55 Takitimu MB 148 (55 TKT 148) [pdf, 355 KB]

   ...adjacent Awarua o Hinemanu land as one unit with a common set of trustees; and (j) An order requiring the respondents to take formal steps to seek legal and vehicular access to Te Koau A. [5] The application was heard on 2 August 2016. 3 Mr Calver requested that the proceedings be adjourned, in light of the complexity of the case, and given the fact that the filing of evidence had been delayed. Ms Sykes made an oral application to strike out the proceedings on the basis that th...

8. P Trust v IAG New Zealand Ltd [2020] CEIT-2019-0024 [pdf, 225 KB]

   ...underwrites approximately 50% of the domestic insurance market. This means that both through the history of Canterbury Earthquake litigation, and currently, there are relatively few experienced, well qualified engineers who will not have had some form of engagement for, or against, IAG. These issues led to ENZ adopting the consultation mechanisms to appoint members of the panel. 4 Jarden & Jarden v the Earthquake Commission & Lumley [2015] NZHC 204 at [21(c)]. DI...

9. LCRO 197/2017 SM v HW (29 March 2019) [pdf, 293 KB]

   ...resolved under the Property (Relationships) Act 1976. [10] At 10.02 am on 22 December 2016, Ms SM’s lawyer stated (in her accompanying 21 December 2016 letter) that Ms HW, by acting for Mr JK and his parents against Ms SM was conflicted, and requested Ms HW to reconsider. Ms SM’s lawyer repeated that Ms SM wanted both properties sold, the sale proceeds held pending a Court order, and stated Ms SM did not agree to any funds being paid to Mr JK’s parents. [11] In response by...

10. TF v NX Ltd & TQ [2023] NZDT 760 (27 November 2023) [pdf, 104 KB]

    ...motor as promised, rather than be out of pocket and no motor. 8. Based on TQ’s evidence and timeline, NX Ltd was insolvent when TQ asked TF for the deposit and NX Ltd was not in the position to deliver the contracted goods when the contract was formed. The deception continued with TQ providing false assurances to TF and to the police. 9. As TQ has personally engaged in misleading and deceptive conduct, which induced TF to enter into the contract, TQ can be held personally liable...