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In Guest v Guest & Ors [2019] NZCA 64, the New Zealand Court of Appeal (overturning a first instance decision) held that the appellant’s costs should be met by (among others) an individual who was shareholder and director of a private trust company, despite him not personally being party to the proceedings. We discuss the … Read more
In Crawford v Phillips [2018] NZCA 351, the New Zealand Court of Appeal decided that, notwithstanding one of the executors of an estate may have made a mistake which led to the litigation, all costs should be paid from the estate, not that executor personally. This case is of interest to practitioners outside New Zealand … Read more
In the two cases set out below, the New Zealand Court of Appeal considered the circumstances in which there may be rectification of a deed entered into as part of a voluntary settlement and considered where reliance on one legal argument in order to get another issue before the court may amount to an abuse … Read more
In McKay & Ors v Sandman [2018] NZCA 103, the New Zealand Court of Appeal granted a claim for summary judgment in relation to claims brought on the basis of alleged dishonest assistance. We consider this case further below. Read more
