My Judgments

Notable cases:
 
  • Stokes v Insight Legal Trustee Co Ltd [2012] NZHC 1822 where the vendors of a failed property sale agreement took High Court action bypassing the insolvent trustee purchaser and satisfying their damages claim directly against the trust assets.  The vendors took advantage of an underutilised legal tool known as the creditor’s right of subrogation into the trustee’s right of indemnity against trust assets.
 
  • Visini v Cadman [2012] NZCA 122 reported (2012) 21 PRNZ 70 cited in the High Court Rules and now the leading Court of Appeal authority for the legal principle that a trustee may retrospectively ratify and cure the unauthorised acts of their co-trustee.
 
  • Morgan v Public Trust reported [2007] BCL 114 one of the first successful cases where a disinherited child was able to seek relief under the Family Protection Act 1955 for maintenance and support out of her deceased father’s estate, which estate was to be replenished by an application under the Property (Relationships) Act seeking division of relationship property between the deceased’s estate and the deceased’s widow (the child’s step mother).
 
  • Otium Trustee LTD v Arcad notable for the plaintiff, a trade creditor, obtaining Judgment after trial in the District Court which debt became the subject of a negotiated payment by instalment regime (secured by agreement to mortgage).  On default, the debtor attempted to challenge the settlement and mortgage using all avenues available in the Court rules and appeal processes.  In the final result at the brink of mortgagee sale, the plaintiff received full payment of its debt, plus default interest and full reimbursement of all legal costs and expenses.
 
  • Ginian Coy Ltd (in liq) v Glenvista Properties Ltd reported [2003] BCL 725 notable for the first paragraph of the High Court Justice’s Judgment which stated:
This is one of those cases which would make a tricky examination question for contract law students.  Judges embark on such judgments with a degree of trepidation, fearing that their attempt to apply what they believe to be the law will provoke a flurry of controversy among contract law teachers and gently dismissive case notes from Emeritus Professor Brian Coote and Professor David McLauchlan.

In Ginian Coy the plaintiff was successfully guided through its cancellation of 15 long term settlement contracts to purchase 15 apartments in the Heritage Grand Apartments in Nelson Street, Auckland and then to take successful Court action for damages against the defaulting vendor.
 
  • Buysers v Dean High Court, Auckland reported [2002] NZFLR 1; (2001) 21 FRNZ 431 in a New Zealand first in terms of extending the generally understood boundaries of equitable remedies the plaintiff succeeded in a claim for damages against her de facto partner for services as a housekeeper and mother of their own children on the basis of quantum meruit (i.e. reasonable compensation for “services” rendered on the grounds of unjust enrichment).
The following sample of Court of Appeal, High Court judgments and Employment Court and Tribunal decisions taken from the Westlaw database, but does not include:

+ District Court hearings and trials.
+ Weathertight Homes Tribunal proceedings and adjudication hearings.
+ Arbitration hearings.
 
  • Re Phillips [2019] NZHC 422
  •  Le Couteur v Norris [2018] NZCA 572
  • Crawford v Phillips [2018] 3 NZLR 247, [2018] NZCA 208 and 351
  • Le Couteur v Norris [2018] NZHC 1074
  • Adison Group Ltd v Belliard [2017] NZEmpC 137
  • Radaly v Richards [2017] NZHC 1850
  • Phillips v Crawford [2017] NZHC 1478
  • Pak Holdings v Proliant [2016] NZDC 15368
  •  Broome v Auckland Council [2017] NZWHT Auckland 1
  • Allan v Mobile Shop Ltd [2012] NZERA Auckland 430
  •  Body Corporate 198245 v Wong [2012] NZHC 2676
  • Stokes v Insight Legal Trustee Co Ltd [2015] NZCA 519
  • Stokes v Insight Legal Trustee Co Ltd [2014] NZHC 2691
  • Stokes v Insight Legal Trustee Co Ltd [2012] NZHC 1822
  • Visini v Cadman [2012] NZCA 122 reported (2012) 21 PRNZ 70
  •  Kim v Park [2012] NZHC 375
  • Hwang v M & R Contractors Ltd CIV-2011-404-2136 reported (2011) 25 NZTC 20-076
  • Maddern v Worldxchange Communications Ltd Employment Relations Authority, Auckland AA212A/10, File No 5159692, 7 May 2010
  • Greenbaum v Waikato District Health Board Employment Relations Authority, Auckland 10 December 2010 AA506/10 File No 5323117
  •  Public Trust v Thomasen High Court, Auckland, 13 October 2010, 33 TCL 44/6
  • Otium Trustee LTD v Arcad High Court, Auckland, 4 June 2010
  •  RPB Solutions Ltd v Avoca Holdings Ltd reported [2010] 2 NZLR 857; (2010) 10 NZCLC 264,686; [2011] NZCCLR 1
  • CFJ v CLB FAM-2009-004-2440, 29 March 2010
  • Agrotain International LLC v Fertiliser Quality Council Inc reported [2010] BCL 115; 33 TCL 6/5
  • Minister of Education v Argon Construction Ltd CIV-2008-404-4551, 33 TCL 6/5
  • Equico Equipment Finance Ltd v Enright Employment Relations Authority, Auckland 17 July 2009, AA241/09 File No 5158060
  •  3-Tier.Com Ltd (in liquidation) v 3-Tier Solutions Ltd reported (2008) 13 Taxation Today 12; [2008] BCL 924; 31 TCL 42/9
  • Commissioner of Inland Revenue v Northshore Taverns Ltd (in liquidation) reported (2008) 23 NZTC 22,074; (2009) 10 NZCLC 264,429; [2009] NZCCLR 5
  • Westpac Banking Corporation v Mataroa Shipping and Trading Ltd High Court, Auckland, 31 July 2008, CIV-2008-404-3413
  • Re Bunton High Court, Auckland, 4 July 2008, CIV-2008-404-3649 noted 31 TCL 31/4
  • Apparel By Design Ltd v Team Kiwi Racing Ltd High Court, Auckland, 21 December 2007 CIV-2007-404-5790
  • Forsyth v TelstraClear Ltd Employment Relations Authority, Auckland, 15 October 2007 AA320/07 File No 5074496
  •  Eagle Technology Group Ltd v Maskell Employment Relations Authority, Auckland, 20 March 2007 File no:  AA80/07 File No 5081521
  • Kumar v MF Astley Ltd High Court, Auckland, 18 December 2006 CIV-2005-404-6447
  • Morgan v Public Trust reported [2007] BCL 114; 30 TCL 4/7
  •  Commissioner of Inland Revenue v Eden Electroplaters Ltd reported (2007) 10 NZCLC 264,243; (2007) 23 NZTC 21,015; (2006) 3 NZCCLR 633
  • Hornell Industries Ltd v Automated Sheetmetal Technologies Ltd High Court, Auckland, 15 June 2005 CIV-2004-404-4141
  • Hubbard v Fourth Estate Holdings Ltd noted 28 TCL 26/6
  • Crow v Mainzeal Property and Construction Ltd reported (2004) 17 PRNZ 740
  • Y v D reported [2004] 1 ERNZ 1
  • D v N Employment Relations Authority, Auckland, 23 January 2004, AA36/04 AEA52/02
  •  Ginian Coy Ltd (in liquidation) v Glenvista Properties Ltd reported [2003] BCL 725
  • Bader v RE & JK Redwood Ltd Employment Relations Authority, Auckland ,20 May 2003 AA143/03 AEA906/02
  • Missen v Savill High Court, Auckland, 24 April 2003 noted [2003] BCL 518
  •  Cook v Police High Court, Auckland, 28 February 2003 noted [2003] BCL 381; 26 TCL 14/7
  • Gazelle Properties Ltd v Hulst Alt cit Ginian Coy Ltd (in liquidation) High Court, Auckland reported (2003) 9 NZBLQ 120; [2003] BCL 152; [2003] CSLB 14; 26 TCL 8/3
  • Global United Enterprise Ltd v Professional Printing and Systems Ltd High Court, Auckland 17 October 2002
  • Buckingham v Yu Employment Court, Auckland 26 June 2002 AC38/02 AEC76/01
  • Hulst v Ali High Court, Auckland, 22 April 2002 noted [2002] BCL 463
  •  Buysers v Dean High Court, Auckland reported [2002] NZFLR 1; (2001) 21 FRNZ 431
  • Waipuna International Ltd v Gillespie High Court, Auckland 5 February 2001
  • Lawson Family Company Ltd v Howarth High Court, Auckland, 5 December 2000 noted [2001] BCL 169
  • Steele v Spotless Services (NZ) Ltd Employment Tribunal, Hamilton 21 June 1999