Gouk v C3 Ltd [2025] NZERA 127 at [17] n 6

Employment Law (online ed) at ER114.04

[ER114.04] “Came to the notice of the employee”

ANA Sons Ltd v Foodstuffs North Island Ltd [2025] NZHC 575 at [49] n 9

Barker “Interim Injunctions” in Civil Remedies in New Zealand (2nd ed, 2011) at [6.3.1]

[6.3.1] Whether damages would be an adequate remedy

Cooper v Cooper & Co Real Estate Albany Ltd [2025] NZHC 478 at [346] n 132

Butler and Every-Palmer “Equitable Defences” in Equity and Trusts in New Zealand (2nd ed, 2009) 1039 at 1059–1064

[38.1.4] Laches

Blackler v R [2025] NZHC 658 at [42] n 63

Adams (online ed) at [MD31.08]

[MD31.08] Proof without certificate

Curtis-Smith v R [2025] NZHC 511 at [23] n 13

Adams – Sentencing (online ed) at [SA9.22B]

[SA9.22B] Subsection (2)(fb) — adverse effects on defendant due to procedural delay through prosecutorial non-compliance

Curtis-Smith (above) at [25] n 17

Adams – Sentencing (online ed) at [SA9.25(4)]

[SA9.25] Other mitigating factors → (4) Delay

JD v R [2025] NZHC 384 at [20] n 15 (judgment contains publication restrictions)

Adams – Criminal Procedure (online looseleaf ed) at [BL8.09]

[BL8.09] Subsection (2)(f) — length of time until trial

R v SM [2025] NZHC 416 at [8] n 4 (judgment contains publication restrictions)

Adams – Procedure (online ed) at [CM8A.02]

[CM8A.02] Burden and standard of proof

Tana v Police [2025] NZHC 603 at [18] n 15

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

[SA9.15A] Para (k) — failure to comply with procedural requirement

Burden v ESR Group (NZ) Ltd [2025] NZSC 18 at [89] n 85

James & Wells (3rd ed, 2017) at 410

[4.5.2] Economic rights → (3) Issue copies of the work to the public by sale

Burden (above) at [100] n 96

James & Wells (3rd ed, 2017)

—

Beggs v North Face Construction 2022 Ltd [2025] NZHC 552 at [12] n 10

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

[HR12.2.07] Onus on defendant

Beggs (above) at [14] n 12

McGechan (online looseleaf ed) at [HR12.2.07(1)]

[HR12.2.07] Onus on defendant → (1) Effect of material disputes of fact

Bright v Wolfbrook Residential Ltd [2025] NZHC 437 at [33] n 10

McGechan (online ed) at [HR1.2.03]

[HR1.2.03] Plain meaning predominates

Cain v Nikau [2025] NZHC 389 at [14] n 1

McGechan (online ed) at [HR17.29.02]

[HR17.29.02] Principles

Fogel v Queenstown & Southern NZ Realty Ltd [2025] NZHC 593 at [83] n 11

McGechan (online ed) at [HR12.12.08(6)]

[HR12.12.08] Costs → (6) Application by defendant

Hata v Attorney-General [2025] NZHC 519 at [96] n 34

McGechan (online ed) at HR4.56.04 and HR4.56.05

[HR4.56.04] Current approach

[HR4.56.05] Striking out parties

IRS International Pty Ltd v ContainerCo (NZL) Ltd [2025] NZHC 685 at [12] n 7

McGechan (online looseleaf ed) at [HR7.53.02]

[HR7.53.02] Object of an interlocutory injunction

IRS International (above) at [13] n 9

McGechan (online looseleaf ed) at [JR15.04]

[JR15.04] “If … it is necessary to do so to preserve the position of the applicant”

Kim v Christchurch City Council [2025] NZHC 463 at [24] n 4

McGechan (online ed) at [HR7.7.01]

[HR7.7.01] Leave to take steps after close of pleadings date

Royal v Zheng [2025] NZHC 370 at [8] n 1

McGechan (online ed) at [HR17.41.01]

[HR17.41.01] Threshold requirement?

Royal (above) at [8] n 2

McGechan (online ed) at [HR17.41.02]

[HR17.41.02] Grounds

Save Environmentally Endangered Soil and Water Inc v Fulton Hogan Ltd [2025] NZHC 435 at [33] n 7

McGechan (looseleaf ed) at [7.7.01]

[HR7.7.01] Leave to take steps after close of pleadings date

Sheeran v Masterton District Council [2025] NZHC 707 at [11] n 7

McGechan (online looseleaf ed) at [HR5.49.06(1)], [HR5.49.14]

[HR5.49.06] Jurisdiction precluded by statute or exclusive jurisdiction clause → (1) Jurisdiction precluded by statute

[HR5.49.14] Onus is always on the defendant

Sheeran (above) at [16] n 10

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

[HR12.2.07] Onus on defendant

Stanley Construction Ltd (in liq) v Stanley [2025] NZHC 717 at [9] n 2

McGechan (online ed) at [HR4.56.07]

[HR4.56.07] Two questions: jurisdiction and discretion

Tadd Management Ltd v Weine [2025] NZHC 483 at [29] n 16

McGechan (online ed) at [HRPt14.08]

[HRPt14.08] Third party costs

Tautari v Thompson [2025] NZHC 522 at [24] n 2

McGechan (online ed) at [HR7.53.05]

[HR7.53.05] First stage of court’s assessment: “serious question to be tried”

Wakefield v Network Waitaki Ltd [2025] NZHC 656 at [5] n 1

McGechan (online ed) at [HR9.19.03] [sic]

[HR8.19.03] Jurisdictional requirements

Wenzhou Hongliang Trading Co Ltd v Shieff Angland [2025] NZHC 698 at [20] n 8

McGechan (looseleaf ed) at [HR8.22.02]

[HR8.22.02] Costs for non-parties if the Judge thinks it just

Zheng v Fan [2025] NZHC 701 at [17] n 2

McGechan (online ed) at [HR12.2.11]

[HR12.2.11] Court’s discretion

Environmental Law Initiative v Director-General of the Department of Conservation [2025] NZHC 391 at [52(b)] n 24

Treaty Law (2023) at [1.13]

[1.13] The principles of the Treaty in the courts since Lands

Cooper v Cooper & Co Real Estate Albany Ltd [2025] NZHC 478 at [6] n 5

Company Law (online ed) at [CA174.01]

[CA174.01] Overview of scope of s 174

Environmental Law Initiative v Director-General of the Department of Conservation [2025] NZHC 391 at [63] n 26

Joseph (5th ed, 2021) at 1263

[27.3.1] Nature of the remedies → (2) Prospective-only relief

Environmental Law Initiative (above) at [114] n 45

Joseph (5th ed, 2021) at [27.4.2(7)]

[27.4.2] Grounds of exercise → (7) No useful purpose

Kennedy v Body Corporate 82981 [2025] NZHC 388 at [10] n 35 (within a quote)

Joseph (5th ed, 2021) at [23.2.2(2)] and nn 43–45

[23.2.2] Doctrine of improper purpose → (2) Complexities in applying the doctrine

Lawyers for Climate Action NZ Inc v Climate Change Commission [2025] NZCA 80 at [21] n 27

Joseph (5th ed, 2021) at [19.4.2(2)]

[19.4.2] Political prerogatives → (2) Prerogative in external affairs

Lawyers for Climate Action NZ (above) at [21] n 28

Joseph (5th ed, 2021) at [20.7.4]

[20.7.4] Role

Lawyers for Climate Action NZ (above) at [135] n 152

Joseph (5th ed, 2021) at [26.6.2(3)]

[26.6.2] Repugnancy → (3) Repugnancy to constitutional principle

Movement v Waka Kotahi New Zealand Transport Agency [2025] NZCA 86 at [74] n 62

Joseph (online ed) at [21.7.1]

[21.7.1] Concept of jurisdiction

New Zealand Law Society v Legal Complaints Review Officer [2025] NZHC 433 at [36] n 29 (judgment contains suppression order)

Joseph (5th ed, 2021) at 726–729

[19.3.3] Positive empowerment theory → (3) Reasonably incidental doctrine

Te Ohu Kai Moana Trustee Ltd v Attorney-General [2025] NZHC 657 at [135] n 83

Joseph (5th ed, 2021) at [27.3.3(2)] [sic]

[27.3.3] Declaration → (3) Refusal of the remedy

TNL International Ltd v Bullocks Freightmasters International Pty Co Ltd [2025] NZHC 564 at [35] n 8

Mahoney and others The Evidence Act 2006: Act and Analysis (3rd ed, 2014)

Compare now Mahoney on Evidence (2nd ed, 2024) at [EV57.01] Overview and [EV57.05] “Without prejudice” communications

Sheeran v Masterton District Council [2025] NZHC 707 at [24] n 19, [25] n 22 and [31] n 26

Todd (9th ed, 2023) at [24.3.3(1)]

[24.3.3] Exemplary damages → (1) Generally

Sheeran (above) at [26] n 23

Todd (9th ed, 2023) at [24.3.3(10)]

[24.3.3] Exemplary damages → (10) Pleading

Sheeran (above) at [26] n 24

Todd (9th ed, 2023) at [24.3.3(5)]

[24.3.3] Exemplary damages → (5) Quantum

Cooper v Cooper & Co Real Estate Albany Ltd [2025] NZHC 478 at [229] n 87

Brown “Leases” in [New Zealand] Land Law (3rd ed, 2017) at 734

[8.15.04] Equitable assignment

Cooper (above) at [231] nn 89 and 90

Brown “Leases” in [New Zealand] Land Law (3rd ed, 2017) at 648

[8.5.02] Informal leases as agreements to lease

Kennedy v Body Corporate 82981 [2025] NZHC 388 at [82] n 108 (within a quote)

Tom Bennion and others New Zealand Land Law (2nd ed, 2009) at 1046

Compare now (3rd ed, 2017) at [12.4.01] Meetings of the body corporate and voting → (1) General meetings

Kennedy v Body Corporate 82981 [2025] NZHC 388 at [46] n 64, at [62] n 83 and at [80] n 104

Corporate Law (2018) at [27.2]

[27.2] The derivative action at common law

Tait v St Workforce Construction Ltd [2025] NZHC 460 at [32] n 7

Corporate Law (online ed) at [26.8]

[26.8] Relationship of the s 174 remedy to the other remedies

McCracken v Boyer [2025] NZHC 546 at [21(h)] n 39

Arbitration (2nd ed, 2018) at [15.4.2]

[15.4.2] Principles governing the exercise of the discretion to order costs

Alalääkkölä v Palmer [2025] NZSC 9 at [39] n 51

Garner (ed) Black’s Law Dictionary (12th ed, St Paul (Minnesota), 2024) at 29 (re “acquire”)

Alalääkkölä (above) at [50] n 57

Davies and Garnett “Origins of the Theory of Moral Rights” in Davies and Garnett (eds) Moral Rights (2nd ed, London, 2016) 13 at [2-002] (re right to disclose or divulge unpublished works in common law)

Alalääkkölä (above) at [50] n 59

Mercedes Frabboni “France” in Davies and Garnett (eds) Moral Rights (2nd ed, London, 2016) 415 at [13-006]–[13-028] (re five droits moraux in French law)

Burden v ESR Group (NZ) Ltd [2025] NZSC 18 at [67] n 61

Harbottle, Caddick and Suthersanen Copinger and Skone James on Copyright (19th ed, Sweet & Maxwell, London, 2025) vol 1 at [1-39] (re territorial nature of copyright law)

Burden (above) at [86] nn 81 and 82

Skone James and others Copinger and Skone James on Copyright (13th ed, Sweet & Maxwell, London, 1991) at [8-96] and [8-97] (re UK equivalent of s 9(1)(c) of Copyright Act 1994)

Burden (above) at [86] n 81

Garnett, James and Davies Copinger and Skone James on Copyright (14th ed, Sweet & Maxwell, London, 1998) at [7-108] (re UK equivalent of s 9(1)(c) of Copyright Act 1994)

Burden (above) at [88] n 84

Harbottle, Caddick and Suthersanen Copinger and Skone James on Copyright (19th ed, Sweet & Maxwell, London, 2025) vol 1 at [6-147], n 724 (re UK equivalent of s 9(1)(c) of Copyright Act 1994)

Burden (above) at [108] n 98

Skone James and others Copinger and Skone James on Copyright (13th ed, Sweet & Maxwell, London, 1991) at [8-95] (re whether consent limitation in original UK equivalent of s 9(1) of Copyright Act 1994)

Eight Mile Investments Ltd v Liu [2025] NZHC 526 at [20] n 10, [22] n 13 and [23] n 14

Dicey and Morris on the Conflict of Laws (12th ed, Sweet & Maxwell, London, 1993) (re jurisdiction of foreign court)

Fogel v Queenstown & Southern NZ Realty Ltd [2025] NZHC 593 at [77] n 10

Goff and Jones The Law of Restitution (7th ed, Sweet & Maxwell, London, 2007) at 1-079 (re liability to pay for services rendered and freely accepted)

H&M Remuera Ltd v Rentmax Ltd [2025] NZHC 369 at [10] n 2

Goode and Dixon Goode on Payment Obligations [in] Commercial and Financial Transactions (4th ed, Sweet & Maxwell, London 2021) at 5-26 (re payment to agent of creditor)

Hata v Attorney-General [2025] NZHC 519 at [134] n 83

Tucker and others Lewin on Trusts (20th ed, Thomson Reuters, London, 2020) at [1-061] and [29-062] (re duty of trustee to all beneficiaries)

Hobson v Hobson [2025] NZHC 494 at [74] n 18

Young, Croft and Smith On Equity (Sydney, 2009) at [8.950] (re power of attorney)

Watts and Reynolds Bowstead and Reynolds on Agency (23rd ed, Sweet & Maxwell, London, 2024) at [6-036] (re power of attorney)

Kennedy v Body Corporate 82981 [2025] NZHC 388 at [82] n 110 (within a quote)

Alex Ilkin NSW Strata and Community Schemes Management and the Law (4th ed, Lawbook Co, NSW, 2007) at [115] (re ultra vires acts of bodies corporate)

Re Joe Raynes Scholarship [2025] NZHC 396 at [20] n 5

Henderson, Fowles and Hogan Tudor on Charities (11th/online ed, London) at [21-040] (re amalgamation of trusts)

Skipper v Gibson – Ngāti Tawhirikura Hapū Charitable Trust (2025) 498 Aotea MB 148 (498 AOT 148) at [15] nn 7 and 8

Dal Pont Equity and Trusts in Australia (8th ed, Sydney, 2023) at 863 (re charitable vs private trusts)

Sole v Hutton [2025] NZHC 430 at [128] n 18

Edelman McGregor on Damages (22nd ed, Sweet & Maxwell, London, 2024) at [2.008] (re betterment)

 Waddams The Law of Damages (5th ed, Canada Law Book, Toronto, 2012) at [1.2730]–[1.2800] (re betterment)