Doney v Adlam (No 2) - [2023] 2 NZLR 521

Practice and procedure — Judgment debt — Leave to issue enforcement proceedings — Substitution of judgment creditor — Application to set aside or stay enforcement — Judgment creditor seeking sale of properties owned by judgment debtor — Charging orders over properties — Repayment of trust funds from breach of trustee duties — Whether unjust to enforce judgment debt — Tikanga Māori principles — Whether claims contrary to tikanga Māori — Estoppel — Whether trustees estopped from enforcing judgment based on representations made to judgment debtor — Whether delay in enforcing judgment debt — Marine and Coastal Area (Takutai Moana) Act 2011 s 12.

Trust — Trustee — Profiting from breach of trustee duties — Enforcement proceedings — Repayment of trust funds through sale of property — Whether unjust to enforce judgment debt — Tikanga Māori principles — Whether claims contrary to tikanga Māori — Marine and Coastal Area (Takutai Moana) Act 2011 s 12.

Tikanga Māori — Judgment debt enforcement proceedings — Relevant to ownership, management of whanau and dispute resolution — Tikanga not providing haven from earlier wrongdoing — Requiring restoration of the trust.