Recent Cases

Rice Craig

Recent Cases of Significance

  • Halliday v Hannah & Others [2022] NZHC 2066 – A J Sussock – Application for Summary Judgment with Plaintiff alleging breach of trust.
  • Shaw v IAG New Zealand Limited [2022] NZDC9003 – Summary Judgment Application against Insurer for loss of motor home to Estate – subject to Appeal.
  • Salman Ali v Bano & Others [2022] NZDC17377 – Application for Summary Judgment by Defendant relating to alleged breach of Agreement for Sale and Purchase – case continues.
  • Successful claim to Sell Up Land Jointly owned following estate issues. Consideration of trustee duties and responsibilities. Seabrook v Draiocht Trust Partnership Limited [2021] NZHC 2554.
  • Judicial Review of District Court and Dispute Tribunal Judgment. Overturning “full and final” settlement. Shea Limited v District Court at Manukau [2021] NZHC 1880.
  • Successful claim for Restraint of Trade – Breach of Confidence. Christensen v Gordon [2021] NZHC 490.
  • Successful Property Law Act Application and Debt Enforcement. Trainor v Leotuki [2020] NZHC 3121.
  • Hearsay and Privilege Admissibility. Trainor v Leotuki [2020] NZHC 2865.
  • Dismissal of charges – finding of systemic delays in South Auckland Courts – Criminal Law. Police v Amy Newbury [2020] NZDC 26941.
  • Opposed Application for Liquidation – consideration of “just and equitable grounds”. Signature Homes Limited v Coronet Peak Construction Limited [2019] NZHC 3274.
  • Leading authority on Trustee duties and reviewing Trustee decisions, impact of succession planning of Settlors on exercise of discretionary powers. Clement v Lucas [2017] NZHC 3278.
  • Leading case on Human Tissue Act – inadmissibility of evidence – informed consent in use and obtaining DNA. E & B v E & Others [2018] NZFC 4276
  • Successful claim for Beneficial interests in land. Appealed to Court of Appeal and Supreme Court. Almond v Read [2017] NZSC 80; [2019] NZCA 26; (2017) 23 PRNZ 533.
  • Recognising a new “de minimis test”: for bringing a claim in Defamation – freedom of expression in modern internet world discussed. Opai v Attorney General [2017] NZHC 1036; [2017] NZHC 668
  • International jurisdiction issues in relation to succession and estate administration, between China and New Zealand. Determination of domicile in New Zealand and the law of marriage. Ye v Deng [2017] NZHC 277
  • Recovering money in a Lease Dispute and on Appeal, determining procedure on Termination of a Lease. RJ Auto Ltd v Galloway Properties Ltd [2017] NZHC 1723
  • Triggering Crown Law review of Community Corrections disclosure requirements. Police v Craighie [2016] – NZDC 12745, 17 June 2016
  • Leave to Appeal. Land Law. Schmidt v Hair [2015] NZHC 40; Schmidt v Ebada Property Investments Limited [2015] NZCA 6.
  • Examination of the scope of the rules of evidence in relation to hearsay and sentencing. Matia v Ministry of Social Development [2015] NZHC 16; [2015] NZCA 386
  • Leading case cited in relation to Wills, probate and, administration of estates, caveats and fraud. Successful prevention of asset dissipation. Caveat sustained. Nawiselski v Nawiselski [2014] NZPLR 973
  • Environment Court Sentencing Appeal. Banora v Auckland Council [2014] NZHC 2545.
  • $10m defamation case relating to Hanover Finance – settled. Hotchin v Sheppard [2013] NZHC 960; [2012] NZHC 2572.
  • Simpson v Walker from 2nd August 2010 HC Auckland CIV2008-404-7381 instructing solicitor regarding entitlements to parents estates.
  • Internet communications – process for laying charges Espinosa v Department of Internal Affairs [2009] DCR 109.
  • Breach of Contract – Specific Performance Orders – Security for Costs. Kumar v Lucina Investments Limited, CIV-2002-404-1984.

NZLS seminar and textbook citations excluded.

And many, many more reported and unreported cases are available on request.

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