OFFICIAL ASSIGNEE V BASSETT AND ANOR HC AK CIV 2005-404-004380

OFFICIAL ASSIGNEE V BASSETT AND ANOR HC AK CIV 2005-404-004380

The application for review was dismissed because s26P(1) confines review to decisions in chambers and the impugned judgment was given in open Court; the applicant must either seek leave to appeal out of time from the Court of Appeal or file a distinct application to set aside the judgment in this Court, with a specified timetable for doing so; costs are reserved.

Citation
openlaw-5649f149_01c1_49ab_aae1_3fe9e4ac3416.pdf
Parties
Plaintiff: Official Assignee; First Defendant: Lawrence Nelson Bassett; Second Defendant: William Henry Hawken
Court
High Court
Jurisdiction
New Zealand
Judgment Date
1 July 2009
Procedural Posture
Application to Set Aside Bankruptcy Notice Arising From Judgment / Preliminary Jurisdictional Hearing / Application for Leave to Review or Appeal
Outcome
Application to review dismissed for lack of jurisdiction; directions given permitting an application to set aside and providing a timetable; costs reserved.
Legal Topics
Setting Aside Judgment, Review Jurisdiction Under Judicature Act, Appeal Time Limits, Inherent Jurisdiction, Costs Reservation
Bankruptcy Civil Procedure Appeal Judicial Review Setting Aside Judgment Review Jurisdiction Under Judicature Act Appeal Time Limits Inherent Jurisdiction +1 more

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Parties

Official Assignee

Plaintiff

Lawrence Nelson Bassett

First Defendant

William Henry Hawken

Second Defendant

Procedural Posture

Application to Set Aside Bankruptcy Notice Arising From Judgment / Preliminary Jurisdictional Hearing / Application for Leave to Review or Appeal

Legal Issues

  1. 1 Whether the present application is a permissible review under s26P(1) of the Judicature Act 2008
  2. 2 Whether the applicant's right of appeal has expired and whether leave to extend time must be sought in the Court of Appeal
  3. 3 Whether the applicant can invoke the Court's inherent jurisdiction to set aside the judgment despite statutory review and appeal routes

Ratio Decidendi

The application for review was dismissed because s26P(1) confines review to decisions in chambers and the impugned judgment was given in open Court; the applicant must either seek leave to appeal out of time from the Court of Appeal or file a distinct application to set aside the judgment in this Court, with a specified timetable for doing so; costs are reserved.

Court Disposition

Application to review dismissed for lack of jurisdiction; directions given permitting an application to set aside and providing a timetable; costs reserved.

Orders

  • Application to review dismissed insofar as it sought review under s26P(1)
  • Mr Hawken to file and serve any application to set aside the judgment by 15 July 2009