IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY
CIV-2013-485-1389 [2014] NZHC 850
BETWEEN ADRIAN HWEE KIAT NG
and
ALICIA SOCK HOON GO First Plaintiffs
MATTHEW HSUN YEAN LIM Second Plaintiff
AND
HARKNESS LAW LIMITED First Defendant
JOHN RENWICK HARKNESS Second Defendant
STEPHEN JOHN STEEL Third Defendant
Hearing: 26 November 2013 Appearances:
S Barter and R Phillips for Plaintiffs
S Shortall and P Roy for DefendantsJudgment:
29 April 2014
INTERIM JUDGMENT OF ASSOCIATE JUDGE BELL
This judgment was delivered by me on 29 April 2014 at 2:00pm
pursuant to Rule 11.5 of the High Court Rules.
...................................
Registrar/Deputy Registrar
Solicitors:
Barter & Co (Steve Barter/R Phillips) Albany, for Plaintiffs
Minter Ellison Rudd Watts (Stacey Shortall/Pearl Roy) Wellington, for Defendants
NG and ANOR v HARKNESS LAW LTD [2014] NZHC 850 [29 April 2014]
[1] The plaintiffs have lost money they paid out under agreements to give them interests in residential lots in a proposed development at Gills Road, Albany, Auckland. The first plaintiffs paid $350,969 to Hunter Gills Road Ltd. The second plaintiffs paid $173,694 to Albany Heights Villas Ltd. Both development companies are in insolvent liquidation. Investigations by the liquidators suggest that those behind the companies siphoned off substantial sums paid by purchasers such as the plaintiffs.
[2] As well as claiming in the liquidations, the plaintiffs seek relief from a law practice that acted for the companies. The plaintiffs’ payments went to its trust account. They sue it under the Fair Trading Act 1986. The law practice has applied for summary judgment and strike-out. The question is whether the law practice has shown that the plaintiffs cannot succeed in their claims of accessory liability.
[3] This decision is only on the plaintiffs’ causes of action under the Fair Trading Act. Shortly before the hearing, the plaintiffs filed a new statement of claim adding causes of action of dishonest assistance under the second limb in Barnes v Addy.1
The defendants could not properly address this new cause of action in the short time given. The new cause of action will require a further hearing.
The parties
[4] The first plaintiffs, Adrian Ng and Alicia Go, husband and wife, are
Singaporean nationals and residents. So is the second plaintiff, Matthew Lim.
[5] Harkness Law Ltd is an incorporated law practice in Wellington that specialises in property law. Mr Harkness and Mr Steel are principals in the practice. Mr Harkness acted for the development companies. Mr Steel had peripheral
involvement. The plaintiffs have discontinued their claim against Mr Steel.
1 Barnes v Addy (1873-74) LR 9 Ch App 244.
What the case is about
[6] Promotional material for the proposed development at 125 Gills Road describes “a medium density housing development” and “a 407 multi-staged development set in a carefully planned village setting…” showing terraced and semi- detached townhouses. Hunter Gills Road Ltd was to undertake the development on one lot, Lot 1 DP 418523, with an area of 2.05 hectares; Albany Heights Villas Ltd on an adjoining…
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