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JUDGMENTS OF INTEREST

SUPREME COURT

Hickman v Turner & Waverley Limited [2012] NZSC 72 Successful appeal to the Supreme Court relating to Securities Act issues View
Ingram v Patcroft Properties Limited [2011] NZSC 49 Successful appeal to Supreme Court dealing with important issues in relation to contract law and repudiation View

COURT OF APPEAL

CA842/2013 Timberworld Limited v Henry David Levin and CA226/2014 Henry David Levin And Anor v Z Energy Limited Liquidations, voidable preference claims, Court of Appeal rejects Peak indebtedness rule. View
Appleton v Tauranga Law [2013] NZCA 420 Court of Appeal judgment regarding solicitor’s negligence. This decision was the subject of an appeal to the Supreme Court and judgment is awaited View
Cyndicate Property Group Limited v Jun [2011] NZCA 502 Successful opposition to an appeal of a refusal to grant summary judgment View

HIGH COURT

Baxter v Coleman [2016] NZHC 2693 Successful claim by musician against former manager, including establishment of breach of fiduciary duties. View
Yovich v Thomson Wilson in the High Court Successful opposition to application to rescind without notice orders. View
Annik Investments Limited v Forbes-Edwards Family Trust in the High Court Application for freezing order, mortgagee possession orders and application for mandatory injunction. View
Kiwi Family Group Limited v Golden Concept Group (New Zealand) Limited [2015] NZHC 2382 Summary Judgment Application – Solicitor’s Undertakings – Sale of Business. View
Water Guard NZ Limited v Midgen Enterprises Limited [2015] NZHC 2227 Sale of Business – Alleged Misrepresentations – Findings of Credibility. View
Bluegrass Holdings Limited v The Gambling Commission[2014] NZHC 1942 Successful urgent application for interim relief in Judicial Review proceedings. View
Official Assignee v Jamieson [2014] NZHC 875 Obtaining costs award against a non-party View
Midgen Enterprises Limited v Morgan [2014] NZHC 705 Obtaining mandatory injunction requiring the return of converted stock View
Kyoto Trustee Limited v Annik New Plymouth Limited [2013] NZHC 3050 Successful opposition to late application by defendants to amend defence View
Kyoto Trustee Limited v Annik New Plymouth Limited [2014] NZHC 1572 Judgment obtained for breach of contract in excess of $1.2m View
ANZ Bank Limited v Thompson [2013] NZHC 517 Successful opposition to summary judgment application in relation to mortgage acceleration clauses View
Orlov v Patterson [2012] NZHC 1554 Successful application for security for costs View
Victoria Street Apartments Limited (In Liquidation) v Sharma 14 October 2011, High Court Auckland, Duffy J CIV 2009-404-8377 Successful claim for breach of fiduciary duty against company director and trusts in excess of $2m View
Northern Crest Investments Limited v Haywood 3 June 2011, High Court Auckland, Christiansen AJ CIV 2010-404-7741 An order for the immediate liquidation of Northern Crest Investments Limited following a failed application to set aside a statutory demand. Northern Crest Investments Limited was the publicly listed front for the Blue Chip Group View
Unkovich v Bilbe 16 November 2010, High Court Auckland, Woolford J, CIV 2010-404-5098 Successful opposition to appeal regarding solicitor’s negligence – contributory negligence claims View
Bryers v Cook Neilson Street Leasehold Limited (In Liquidation) Successful application to bankrupt Mark Bryers, founder of Blue Chip View
Black v Selwyn Developments Limited (In Liquidation) 20 August 2007, High Court Auckland, Courtney J, CIV 2007-404-4525 Successful application to reinstate struck off company and thereafter appoint replacement liquidators View
Halls Earthworks Limited (In Liquidation) v Donovan Drainage and Earthmoving Limited 18 July 2007, High Court Whangarei, Faire AJ CIV 2007-488-144 Successful application for summary judgment pursuant to the Construction Contracts Act View
Wellington Audio Visual Limited v Euro Boston Group Limited 9 December 2009, High Court Auckland, Heath J, CIV 2007-404-1089 Shareholders’ dispute – directors’ entitlement to remuneration View
MacLean v Annan & Co 18 November 2011, High Court Tauranga, Rodney Hansen J CIV 2009-407-8689 Judgment arising from solicitor’s negligence View

DISTRICT COURT

Bilbe v Unkovich 9 July 2010, Auckland District Court, Judge DM Wilson QC, CIV 2008-004-1809 Successful claim of solicitor’s negligence obtaining declaration that defendant’s expert evidence was inadmissible View