Brash v Hooton [2025] NZHC 1530 at [35] n 33

Civil Remedies in New Zealand (2nd ed, 2011) at [13.6]

[13.6] Quantum of damages → [13.6.1] Defendant’s conduct

Laurence v Laurence [2025] NZHC 1672 at [158] n 33

Civil Remedies in New Zealand (2nd ed) at [9.2.1] [sic]

See [9.2.2] Personal restitutionary remedies

O’Byrne v R [2025] NZHC 1471 at [38] n 11

Chetwin “Contract” in Civil Remedies in New Zealand (2nd ed, 2011) at [1.4.6(3)]

[1.4.6] Situations where burden is reversed → (3) Betterment

Routhan v PGG Wrightson Real Estate Ltd [2025] NZSC 68 at [197] n 335

Chetwin “Contract” in Civil Remedies in New Zealand (2nd ed, 2011) 3 at [1.6.2]

[1.6.2] Election by plaintiff

Brown v TF5 Ltd [2025] NZHC 1744 at [14] n 2

Equity and Trusts in New Zealand (2nd ed, 2009) at [30.2.1]

[30.2.1] Trustees’ lien for debts incurred in discharging trust

Laurence v Laurence [2025] NZHC 1672 at [134(d)] n 25

Equity and Trusts in New Zealand (2nd ed, 2009) at [38.2.4]

[38.2.4] Proportionality

McLeod v Kerr [2025] NZHC 1665 at [34] n 8

Equity & Trusts in New Zealand (2nd ed, 2013) at 388 [sic]

See [13.2.1] Introduction (re institutional constructive trusts)

Boulger v R [2025] NZCA 208 at [5] n 10

Adams – Sentencing (online ed) at [SAB5.01]

[SAB5.01] Grounds upon which appeal court may uphold appeal

Commissioner of Police v CF [2025] NZHC 1506 at [28] n 5

Adams – Rights and Powers (looseleaf ed) at [SS151.02A]

[SS151.02A] Seizure of items that may be forfeited under the Criminal Proceeds (Recovery) Act

Maghsoudi v Police [2025] NZHC 1590 at [18] n 12

Adams – Crimes Act (online ed) at [CA48.03]

[CA48.03] Self protection not involving force or threats

P v Police [2025] NZHC 1718 at [17] n 9

Adams (online looseleaf ed) at [CPA231.02(3)]

[CPA231.02] Extension of time for filing notice of application for leave or notice of appeal → (3) Reasons for delay

Reynolds v New Zealand Police [2025] NZHC 1483 at [45] n 36

Adams – Sentencing (online looseleaf ed) at [SA9.15]

[SA9.15] Subsection (1)(j) — previous convictions

Smith v R [2025] NZCA 270 at [11] n 8

Adams – Offences and Defences (online looseleaf ed) at [CA210.04]

[CA210.04] Subsection (1) mens rea — taking a young person

Tahau v Police [2025] NZCA 278 at [45] n 30

Adams – Criminal Procedure (online looseleaf ed) at [CPA246.02]

[CPA246.02] Subsection (1): “fixed by law”

Thomas v Police [2025] NZHC 1649 at [26] n 8

Criminal Procedure in New Zealand (3rd ed, 2019) at [3.4]

[3.4] Review of the decision to prosecute

Almarzooqi v Salih [2025] NZHC 1436 at [14] n 20

McGechan (online looseleaf ed) at [HR12.2.07(2)]

[HR12.2.07] Onus on defendant → (2) Situations where success is likely

Almarzooqi (above) at [17] n 22

McGechan (online looseleaf ed) at [HR12.4.01]

[HR12.4.01] Time for application

Baker v Stuff Ltd [2025] NZHC 1434 at [11] n 1

McGechan (online looseleaf ed) at [HR5.45.01]–[HR5.45.04], [HR5.45.07], [HR5.45.09] and [HR5.45.11]

[HR5.45.01] General approach

[HR5.45.02] Threshold test — plaintiff unable to pay costs

[HR5.45.03] Are security for costs appropriate? — exercise of the Court’s discretion — “just in all the circumstances” relevant factors

[HR5.45.04] Further application and review of existing order

[HR5.45.07] The amount of security

[HR5.45.09] Staged, staggered and deferred security

[HR5.45.11] Stay or dismissal

Baker (above) at [14] n 7

McGechan (online looseleaf ed) at [HR5.45.06]

[HR5.45.06] Principles relating specifically to plaintiffs residing overseas

Baker (above) at [37] n 17

McGechan (online looseleaf ed) at [HR5.45.02]

[HR5.45.02] Threshold test — plaintiff unable to pay costs

Body Corporate Number DPS 91535 v 3A Composites GmbH [2025] NZHC 1524 at [45(a)] n 59

McGechan (online ed) at [HR4.24.02]

[HR4.24.02] Procedure — when application necessary

Caisteal An Ime Ltd v Mount Cass Holdings Ltd [2025] NZHC 1494 at [20] n 6

McGechan (online ed) at [HR26.14.01]

[HR26.14.01] Leave to appeal

Chief Executive of Ministry of Business, Innovation, and Employment v Hairland Holdings Ltd [2025] NZCA 219 at [64] n 61

McGechan (online looseleaf ed) at [DJ10.01]

[DJ10.01] Factors weighing against exercise of discretion

Farrand v Farrand [2025] NZHC 1527 at [19] n 11

McGechan (online ed) at [HR12.2.11]

[HR12.2.11] Court’s discretion

Maraposa Ltd v Wang [2025] NZHC 1585 at [20] n 2

McGechan (online ed) at [HR12.2.11]

[HR12.2.11] Court’s discretion

NZAgbiz Ltd v Hanley [2025] NZHC 1485 at [27] n 10

McGechan (online ed) at [HR14.7.01] [sic]

See [HHR14.7.01] Specific situations → (d) Other reason — r 14.7(g)

Routhan v PGG Wrightson Real Estate Ltd [2025] NZSC 68 at [195] nn 328 and 329

McGechan (looseleaf ed) at [HR5.33.02(3)] and [HR5.33.02(4)]

[HR5.33.02] “Special damages” → (3) Past loss, precisely calculable, and (4) Loss not presumed to be consequence of defendant’s act

Slavich v Slavich [2025] NZHC 1659 at [13] n 4

McGechan (online ed) at [HR12.2.11]

[HR12.2.11] Court’s discretion

Squair v Cribb [2025] NZHC 1549 at [6] n 2

McGechan (online ed) at [HR12.12.08]

[HR12.12.08] Costs

Taylor v Vernon [2025] NZHC 1737 at [14] n 5

McGechan (online ed) at [HR8.34.10]

[HR8.34.10] Form of interrogatories

Thomas v Police [2025] NZHC 1649 at [29] n 13

McGechan (online ed) at [HR5.35A.01]

[HR5.35A.01] Jurisdiction to strike out or stay proceedings before service

Waiuku Free Range Eggs & Livestock Ltd v van Velthuizen [2025] NZHC 1610 at [32] n 13

McGechan (online ed) at [HR8.39.01]

[HR8.39.01] Answer must be specific and substantial

Waiuku Free Range Eggs & Livestock (above) at [33] n 15

McGechan (online ed) at [HR8.39.04]

[HR8.39.04] Knowledge, information, and belief

H (SC 1/2024) v R [2025] NZSC 62 at [42] n 46

Family Precedents (online ed) at [YC4.1.2]

[YC4.1.2] The importance of notation on the information

Attorney-General v Morrison [2025] NZCA 240 at [88] n 130

Constitutional and Administrative Law in New Zealand (4th ed, 2014) at [27.3.4(2)]

Now Joseph (5th ed, 2021) at [27.3.4] Public law compensation → (2) Nature of the remedy

Steele v Commissioner of Police [2025] NZHRRT 21 at [55] n 47

Statutory Interpretation (online looseleaf ed) at [LE34.01]

[LE34.01] Background (re s 34 of the Legislation Act 2019)

Marsden City Limited Partnership v Whangārei District Council [2025] NZHC 1468 at [47] n 33

Local Government Law in Aotearoa New Zealand (2nd ed) at [11.7]

[11.7] Former special valuations

McKean v McKean Family Trustee Ltd [2025] NZHC 1621 at [148] n 40

Trusts Act 2019: Act & Analysis (2024) at [TU25.02]

[TU25.02] Meaning of “good faith”

McKean (above) at [152] n 48

Trusts Act 2019: Act & Analysis (2024) at [TU31.01]

[TU31.01] Duty part of duty of loyalty

McKean (above) at [157] n 57

Trusts Act 2019: Act & Analysis (2024) at [TU94.02]

[TU94.02] Is the power to appoint and remove trustees fiduciary?

Matthew v Harding [2025] NZHC 1459 at [35] n 19

Family Law – Family Property (online ed) at [PR25.11(2)]

[PR25.11] Interim distributions → (2) Discretion

New Zealand Defence Force v Selwyn District Council [2025] NZEnvC 210 at [113] n 79

Salmon Environmental Law (looseleaf ed) at [RM274.01]

[RM274.01] General (re s 274 representation at proceedings)

South Taranaki Fishing Charters Ltd v District Court at Whanganui [2025] NZHC 1701 at [12] n 9

New Zealand Judicial Review Handbook (2nd ed, 2016) at 481

[34.1] Alternative remedies and reviewability → [34.1.1] Specialist tribunals/procedures

Brash v Hooton [2025] NZHC 1530 at [32] n 29

Todd (9th ed, 2023) at [15.15]

[15.15] Apology

Manaia Media Ltd v Cato [2025] NZCA 233 at [154] n 129

Cheer “Defamation” in Todd (9th ed, 2023) 935 at [15.3.2]

[15.3.2] Judge and jury

Routhan v PGG Wrightson Real Estate Ltd [2025] NZSC 68 at [147] n 237

Todd “Negligence: The Duty of Care” in Todd (9th ed, 2023) 153 at 155–156

[4.1] Introduction

Routhan (above) at [150] n 247

Todd “Negligence: The Duty of Care” in Todd (9th ed, 2023) 153 at 165

[4.2.4] Scope of the duty

Routhan (above) at [151] n 249

Todd “Negligence: Breach of Duty” in Todd (9th ed, 2023) 461 at 461–462

[6.1] Introduction

Routhan (above) at [152] n 250

Todd “Causation and Remoteness of Damage” in Todd (9th ed, 2023) 1239 at [19.1]–[19.2]

[19.1] Introduction

[19.2] Cause in fact

Routhan (above) at [153] n 253

Todd “Causation and Remoteness of Damage” in Todd (9th ed, 2023) 1239 at [19.5]

[19.5] Remoteness of damage

Routhan (above) at [153] n 255

Todd “Causation and Remoteness of Damage” in Todd (9th ed, 2023) 1239 at 1274

[19.4.1] General (re cause in law)

Routhan (above) at [153] n 256

Todd “Causation and Remoteness of Damage” in Todd (9th ed, 2023) 1239 at [19.3]

[19.3] The duty nexus

Routhan (above) [153] n 258

Todd “Causation and Remoteness of Damage” in Todd (9th ed, 2023) 1239 at [19.5.2]

[19.5.2] Foreseeable consequences

Routhan (above) [153] n 259

Todd “Causation and Remoteness of Damage” in Todd (9th ed, 2023) 1239 at [19.4.2(1)]–[19.4.2(3)]

[19.4.2] Scope of the risk → (1) Intervening third party conduct, (2) Deliberately inflicted harm, and (3) Plaintiff’s own conduct

Routhan (above) [153] n 260

Todd “Defences” in Todd (9th ed, 2023) 1299

Chapter 20: Defences

Routhan (above) at [154] n 261

Todd “Causation and Remoteness of Damage” in Todd (9th ed, 2023) 1239 at 1275–1276

[19.4.2] Scope of the risk

Routhan (above) at [245] n 389

Todd “Negligence: The Duty of Care” in Todd (9th ed, 2023) 153 at 160

[4.2.2] Anns and Caparo

Routhan (above) at [250] n 400

Todd “Negligence: The Duty of Care” in Todd (9th ed, 2023) 153 at [4.2.3]

[4.2.3] The duty inquiry in New Zealand

Routhan (above) at [261] n 420

Todd “Causation and Remoteness of Damage” in Todd (9th ed, 2023) 1239 at 1273–1274

[19.3] The duty nexus

Routhan (above) at [262] n 421

Todd “Causation and Remoteness of Damage” in Todd (9th ed, 2023) 1239 at 1275, n 168

[19.4.1] General (re cause in law)

Routhan (above) at [263] n 424

Todd “Negligence: The Duty of Care” in Todd (9th ed, 2023) 153 at 164

[4.2.4] Scope of the duty

Routhan (above) at [263] n 424

Todd “Causation and Remoteness of Damage” in Todd (9th ed, 2023) 1239 at 1270 and 1275

[19.3] The duty nexus

[19.4.1] General (re cause in law)

Routhan (above) at [264] n 429

Todd “Causation and Remoteness of Damage” in Todd (9th ed, 2023) 1239 at 1281–1282

[19.5] Remoteness of damage

Routhan (above) at [281] n 466

Todd “Defences” in Todd (9th ed, 2023) 1299 at [20.4]

[20.4] Assumption of risk

Smith v Fonterra Co-operative Group Ltd [2025] NZHC 1605 at [28] n 21

Todd (9th ed, 2023) at [19.1]

[19.1] Introduction (re causation and remoteness of damage)

Brash v Hooton [2025] NZHC 1530 at [23] n 16

Parkes and Busuttil (eds) Gatley on Libel and Slander (13th ed, Sweet & Maxwell, London, 2022) at 28 (re assessing the level of reputational harm caused by a statement)

Chief Executive of Ministry of Business, Innovation, and Employment v Hairland Holdings Ltd [2025] NZCA 219 at [62] n 59

Woolf and Woolf The Declaratory Judgment (4th ed, Sweet & Maxwell, London, 2011) at [4-13]–[4-17] (re potential for abuse of general jurisdiction to grant declaratory relief)

Hsieh v Dreamhome Construction Group Ltd [2025] NZHC 1643 at [39] nn 3 and 4

Dennys, Raeside and Clay (eds) Hudson’s Building and Engineering Contracts (12th ed, Thomson Reuters, London, 2010) at [4-045], [5-002]–[5-006] and [5-025]–[5-026] (common law re work under fixed price contract)

Hsieh (above) at [40] n 5

Ramsey, Hughes and Stansfield (eds) Keating on Construction Contracts (12th ed, Sweet & Maxwell, 2024) at [4-045] (re contractor completing a whole work)

Hsieh (above) at [41] n 6

Dennys, Raeside and Clay (eds) Hudson’s Building and Engineering Contracts (12th ed, Thomson Reuters, London, 2010) at [3-080] (re contractor completing a whole work)

Hsieh (above) at [66] n 8

Dennys, Raeside and Clay (eds) Hudson’s Building and Engineering Contracts (12th ed, Thomson Reuters, London, 2010) at [3-134]–[3-135] and [5-051] (re extension of time clauses)

Hsieh (above) at [221] n 20

Edelman McGregor on Damages (22nd ed, Sweet & Maxwell, London, 2024) at [17-027] (re liquidated damages clauses where greater actual damage)

Hsieh (above) at [237] n 24

Dennys, Raeside and Clay (eds) Hudson’s Building and Engineering Contracts (12th ed, Thomson Reuters, London, 2010) at [2-145] (re agent’s supply of construction documents to principal)

Manaia Media Ltd v Cato [2025] NZCA 233 at [75] n 71

Parkes and Busuttil (eds) Gatley on Libel and Slander (13th ed, Sweet & Maxwell, London, 2022) at [16-001] (re public interest)

Manaia Media (above) at [78] n 75

Milmo and Rogers (eds) Gatley on Libel and Slander (11th ed, Sweet & Maxwell, London, 2008) at [15.10] (re public interest)

Manaia Media (above) at [81] n 82

Parkes and Busuttil (eds) Gatley on Libel and Slander (13th ed, Sweet & Maxwell, London, 2022) at [16-006] (re public interest in the administration of sport)

Manaia Media (above) at [150] n 124

Rolph Rolph on Defamation (2nd ed, Thomson Reuters, Sydney, 2024) at [6.60] (functions of judge and jury re defamatory meaning)

Manaia Media (above) at [150] nn 125 and 126

Mullis and Parkes (eds) Gatley on Libel and Slander (12th ed, Sweet & Maxwell, London, 2013) at [34.5] and [34.6] (functions of judge and jury re defamatory meaning)

Manaia Media (above) at [150] nn 125 and 127

Parkes and Busuttil (eds) Gatley on Libel and Slander (13th ed, Sweet & Maxwell, London, 2022) at [32-005] n 28 and [32-002] (functions of judge and jury re defamatory meaning)

Manaia Media (above) at [163] n 136

Mullis and Parkes (eds) Gatley on Libel and Slander (12th ed, Sweet & Maxwell, London, 2013) at [36.25]–[36.31] (re setting aside excessive damages awards)

McKean v McKean Family Trustee Ltd [2025] NZHC 1621 at [148] n 39

Tucker, Le Poidevin and Brightwell Lewin on Trusts (20th ed, Sweet & Maxwell, London, 2020) at [29-0034] (re trustee’s duty of good faith)

McKean (above) at [152] n 49

Tucker, Le Poidevin and Brightwell Lewin on Trusts (20th ed, Sweet & Maxwell, London, 2020) at t [46-008] (re rule against self-dealing)

McKean (above) at [154] n 53

Tucker, Le Poidevin and Brightwell Lewin on Trusts (20th ed, Sweet & Maxwell, London, 2020) at [29-062] (re trustee’s primary duty to trust as a whole)

McKean (above) at [228] n 76

Tucker, Le Poidevin and Brightwell Lewin on Trusts (20th ed, Sweet & Maxwell, London, 2020) at [48-005] (re trustee’s entitlement to be indemnified)

Routhan v PGG Wrightson Real Estate Ltd [2025] NZSC 68 at [159] n 270

Burrows “Comparing Compensatory Damages in Tort and Contract: Some Problematic Issues” in Degeling, Edelman and Goudkamp (eds) Torts in Commercial Law (Thomson Reuters, Sydney, 2011) 367 at 373–375 (re SAAMCO cap)

Routhan (above) at [261] n 419

Goudkamp and Nolan Winfield and Jolowicz on Tort (20th ed, Thomson Reuters, London, 2020) at [7-071] (re scope of duty of care)

Routhan (above) at [263] n 424

Goudkamp and Nolan Winfield and Jolowicz on Tort (20th ed, Thomson Reuters, London, 2020) at [7-073] (re SAAMCO and remoteness)

Smith v Fonterra Co-operative Group Ltd [2025] NZHC 1605 at [34] n 28

Woolf and Woolf Zamir & Woolf: The Declaratory Judgment (4th ed, Sweet & Maxwell, London, 2011) at [1-07] (re nature of declaratory relief)

Vanifatova v Wang [2025] NZHC 1532 at [101] n 13

Tettenborn (ed) Clerk & Lindsell on Torts (24th ed, Thomson Reuters, London, 2023) at [17-01] (re tort of deceit)

Yoonwoo C & C Development Corp v Huh [2025] NZCA 209 at [50] n 59 and [52] n 66

Collins and Harris (eds) Dicey, Morris & Collins on the Conflict of Laws (16th ed, Sweet & Maxwell, London, 2022) at [14-002] and [14-008]–[14-009] (re recognition and enforcement of foreign judgments)

Yoonwoo C & C Development Corp (above) at [52] n 66

McClean and Ruiz Abou-Nigm Morris: The Conflict of Laws (10th ed, Sweet & Maxwell, London, 2021) at [10-008]–[10-009] (re recognition and enforcement of foreign judgments)