William McCartney
BARRISTER
REPORTED
CASES
1988
Saywell v Police (1989) 4 CRNZ (High Court)
Blood alcohol appeal
1991
Rarere v Ministry of Agriculture and Fisheries (1991) 6 CRNZ 693 (High Court)
Fisheries appeal. Crayfish. Maori customary rights.
Taxation Review Authority Case 90/085 (1991) 13 NZTC 3,394; 16 TRNZ 124
Deductions. Compounded interest. Losses of accumulated deposits.
Taxation Review Authority Case 63 - (1991) 16 TRNZ 459
GST. Subdivision and sale. Whether liable to register as sub-divider and/or seller.
Taxation Review Authority Case 29 - (1991) 13 NZTC 3,400; 16 TRNZ 5
Deductions. Losses. Shareholders. Resale of shares. Whether expenditure was capital or revenue
Taxation Review Authority Case 37 - (1991) 16 TRNZ 84
Deductions. Product development expenditure. Holding company of a group of manufacturing companies
1995
Roberts v Thompson (1995) 8 PRNZ 274 (High Court)
Affidavits sworn in a foreign country. Admission of affidavits despite defects.
Barrett v IBC International Ltd [1995] 3 NZLR 170; (1996) ANZ ConvR 301; (1995) 3 NZ ConvC 192,232 (Court of Appeal)
Caveat, Contract. Agreement for sale and purchase of landcontaining option provision. Whether agreement constituted a binding contract. Whetherimplied term for determining reasonable time for settlement.
1996
Cornish v Tolhurst [1996] DCR 812 (District Court)
Application for stay of proceedings and declaration that notices of discontinuance were of no effect. ??
1998
Cornish v Cullen (1998) 12 PRNZ 357 (High Court)
Civil procedure – application to strike out appeal
Lee v Billman [1998] DCR 701 (District Court)
Lender’s liability. Misrepresentation and fraud. Misleading and deceptive conduct in trade. Equitable remedies. Fiduciary relationship. Unconscionable dealing.
Commissioner of Inland Revenue v Sigatoka Investments No 3 Ltd. formerly known as Taradale Epsom Terrace 1996 Ltd. (1998) 8 NZCLC 261,785; (1998) 12 PRNZ 678 (High Court)
Application to restrain advertising of liquidation. Whether Commissioner could liquidate defendant. Whether Court should have regard to commercial morality
2000
The Grange Ltd v City Sales Ltd. (2000) 8 NZCLC 262,119; 14 PRNZ 222 (High Court)
Liquidation proceedings. Whether Court should order discovery in the context of an application to set aside a statutory demand.
Systems Engineering Technology Ltd v Marken Services Ltd. (2000) 4 NZ ConvC 193,226 (High Court)
Commercial lease. Wrongful distraint. Measure of damages.
2001
Antunovich v Dalmatinsko Kulturno Drustvo Incorporated (Dalmatian Cultural Society) [2001] NZAR 229 (High Court)
Judicial Review. Voting abnormalities in incorporated Society. Contractual rights of members. Whether declaratory relief should be granted.
McGarry v Melmerley Investments Ltd. (2001) 15 PRNZ 498 (High Court)
Application for leave to appeal - principles.
Melmerley Investments Ltd v McGarry (2001) 15 PRNZ 506 (Court of Appeal)
Application for special leave to appeal - principles
2003
Parmenter v Parmenter [2003] NZFLR 145 (Family Court)
Will. Family Protection Act claim
2004
MacMillan v Covic [2004] 2 NZLR 106; (2003) 11 TCLR 80; (2004) 5 NZ ConvC 193,841 (High Court)
Meaning and effect of a “first right of refusal” clause. Whether caveat sustainable.
2007
Esoon Ltd v Grieve (2007) 19 NZCLC 264,277 (High Court)
Company liquidation
2008
Heron Family Trust Ltd v Barfoot & Thompson Ltd. (2008) 9 NZCPR 676 (High Court)
Real estate agent’s commission. Listing Contract. Chain of causation leading to sale.
2009
B-Guided Media Ltd v Vercauteren [2009] NZCCLR 39 (District Court)
Director’s duties. Appropriateness of dividend. Enforcement of agreement for sale and purchase of shares.
2010
Turn & Wave Ltd v Johnson [2010] ANZ ConvR 10-011 (High Court)
Part of the Blue-Chip litigation. Sale of Land. Specific performance of contract.
Department of Labour v Sir Edmund Hillary Outdoor Pursuit Centre of New Zealand [2010] DCR 26 (District Court)
Multiple drownings at a workplace. Sentencing under Health and Safety in Employment Act.
2011
B-Guided Media Ltd v Vercauteren [2011] NZCCLR 9 (District Court)
Director’s duties. Appropriateness of dividend. Enforcement of agreement for sale and purchase of shares.
Vercauteren v B-Guided Media Ltd. [2011] NZCCLR 39 (High Court)
Director’s duties. Appropriateness of dividend. Enforcement of agreement for sale and purchase of shares.
2012
Queen Elizabeth the Second National Trust v Green Growth No 2 Ltd- (2012) 14 NZCPR 548 (High Court)
Indefeasibility, rectification, validity of an open space covenant under the Queen Elizabeth the Second National Trust Act.
2014
Wilson Parking New Zealand Ltd v Fanshawe 136 Ltd. [2014] 3 NZLR 567 (Court of Appeal)
Sale of land – right of first refusal. Equitable estoppel, grounds for establishing estoppel, basis for determining appropriate remedy.
Queen Elizabeth The Second National Trust v Green Growth No 2 Ltd. (2014) 15 NZCPR 785 (High Court )
Indefeasibility, rectification, validity of an open space covenant under the Queen Elizabeth the Second National Trust Act.
2016
Green Growth No 2 Ltd v Queen Elizabeth the Second National Trust [2016] 3 NZLR 726 (Court of Appeal)
2019
Noe v Ratzapper Australasia Ltd [2019] NZAR 223
Successfully defended appeal to prevent entry of judgment after an international arbitration.
Aotearoa Water Action Inc v Canterbury Regional Council [2019] NZRMA 316
High Court. Interlocutory hearing as to scope of water permit for commercial bottling. Substantive proceeding ongoing.
Green Growth No 2 Ltd v Queen Elizabeth the Second National Trust [2019] 1 NZLR 161
Supreme Court dismissed appeal against Court of Appeal decision. Now a leading case on rectification and indefeasibility of title.