Huljich v Huljich

[2018] NZHC 3429

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2014-404-002631

[2018] NZHC 3429

BETWEEN

ELIZABETH HULJICH

Plaintiff

AND

CHRISTOPHER PETER HULJICH

First Defendant

PETER KARL CHRISTOPHER HULJICH
Second Defendant

MICHAEL STEPHEN HULJICH

Third Defendant

Hearing:

3-7 December 2018

Appearances:

G R Little SC and D B Beard for the Plaintiff

D H McLellan QC, J S Cooper QC and H M Z Ford for Defendants

Judgment:

20 December 2018

JUDGMENT OF VENNING J

This judgment was delivered by me on 20 December 2018 at 12.15 pm, pursuant to Rule 11.5 of the High Court Rules.

Registrar/Deputy Registrar

Date……………

Solicitors:           Nicholls Law Ltd, Auckland

Harmos Horton Lusk, Auckland Counsel:       G Little SC/D B Beard, Auckland

D H McLellan QC/J S Cooper QC, Auckland

HULJICH v HULJICH [2018] NZHC 3429 [20 December 2018]

Introduction  [1]

Parties  [2]

The claims  [7]

Moneys owing under a banking facility  [8]

Deceitful use of funds  [9]

Renovations  [10]

Rental income  [11]

Mental/emotional stress claims  [12]

Failure to invest  [13]

Pleadings  [14]

Preliminary points  [16]
The plaintiff’s case generally  [25]
Defendants’ case  [36]

The witnesses  [45]

Was there a binding contract made in 1986?  [48]
The “Loan Agreement” – the first cause of action against Christopher

and Peter for breach of contract  [56]

Second cause of action – against first and second defendants in fraud –

deceit  [96]

Third cause of action – Fair Trading Act 1986  [112] Fourth Cause of action – against all defendants – breach of contract  [113]

Fifth cause of action against all three defendants – moneys had and

received  [120]

Sixth cause of action – against Christopher – breach of fiduciary duty as

agent  [125]

The relief sought for emotional and mental distress  [139] Seventh cause of action against Peter – breach of fiduciary duty  [149] Eighth cause of action – breach of agency agreement against

Christopher – in relation to the renovations  [155]

Ninth cause of action against Peter – deceit  [168] Tenth cause of action – Fair Trading Act claim in relation to the $150,000 [172] Eleventh cause of action against Christopher– moneys had and received     [176]

Twelfth cause of action – against Christopher for breach of contract in

relation to rental  [191]

Thirteenth cause of action – Fair Trading Act  [192]
Fourteenth cause of action – estoppel  [196]
Summary – general observation  [195]
Conclusion/result  [199]

Costs  [200]

Introduction

[1]                  To describe this as an unfortunate case is an understatement. Mrs Huljich, an 88 year old widow, sues two of her three sons and a grandson. She alleges they have

abused her trust and have taken her money. The allegations are strenuously denied by the defendants.

Parties

[2]                  Elizabeth Huljich (Elizabeth) is the mother of Christopher, Paul and Michael Huljich. She is Peter Huljich’s grandmother. Elizabeth and her late husband, Peter Stephen Huljich, were successful in business and formerly owned or controlled a business and a number of properties. Elizabeth currently lives in her own home at St Heliers. Until…