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This book is only available in PDF format

Authors: Jeremy Upson, Nathaniel Walker
Published: 20 November 2024
Pages: 71

Introduction

Civil remedies respond to an exceedingly wide array of events and actions. For example, if one breaches a contract, the counterparty may have a right to damages. Equally, if one commits the tort of breaching privacy, the injured party may have a right to damages. There is also an exceedingly broad array of civil remedies – from damages, and all its measures and variations, to proprietary relief, specific relief, and declaratory relief. Remedies are also usually what a client is most interested in, be it financial compensation, an injunction to stop a certain action, or a declaration of rights. Remedies are the reason parties go to court, to get the court’s assistance to “right the wrong” complained of. Cleverly theorised and elegantly drafted pleadings will not achieve their purpose if they do not correctly identify the appropriate remedy and explain why it should be granted. For the same reason, defendants’ counsel need to be equipped to challenge the availability of the relief claimed as well as the elements of causes of action. In light of this, it is important for all practitioners to have a good grasp of the relevant and available remedial responses to properly advise clients considering or in litigation.

In this paper, we consider the range of civil remedies available from the courts in New Zealand. We do not attempt to provide comprehensive coverage of a subject about which whole textbooks are written but rather map out at a high level the range remedies and focus in on some interesting recent developments. In particular, we address:

• damages, the various measures and contexts in which they may be claimed, and some limiting principles;
• proprietary remedies;
• specific relief, that is specific performance and injunctions; and
• declaratory relief, at common law and under statute.

Content outline

  • Damages
  • Limiting principles
  • Proprietary remedies
  • Injunctions and specific performance
  • Declaratory relief
View contents page
UPSON Jeremy-335 WALKER Nathaniel-761  
Jeremy Upson
Russell McVeagh
Wellington		 Nathaniel Walker
Russell McVeagh
Wellington		  

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