New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Accreditation

Legal area

Court

2 Sept 2011

COMMUNITY BEREAVEMENT TRUST V THE NEW ZEALAND QUALIFICATIONS AUTHORITY HC WN CIV 2009-419-1588

Citation

openlaw-07c2eb29_4755_443c_bf26_be43e877b18e.pdf
Court

High Court

Summary judgment was appropriate because the plaintiff's amended pleadings failed to establish a statutory duty enforceable in private law that would support damages, the statutory scheme protects students and public standards (remedied by judicial review), and no tenable common law duty of care was identified or pleaded.
9 Jun 2010

COMMUNITY BEREAVEMENT TRUST V THE NEW ZEALAND QUALIFICATIONS AUTHORITY AND ANOR HC HAM CIV-2009-419-1588

Citation

openlaw-7b2e76f3_21bf_4f5b_bd19_e732cdc81af7.pdf
Court

High Court

Defendants established circumstances giving reason to believe the plaintiff would be unable to pay defendants' costs (statutory demand, limited payment offer and vehicle charge, lack of disclosure); plaintiff produced no contrary evidence; balancing the parties' interests the Court exercised its discretion to order security for costs of $6,000 (first defendant) and $4,000 (second defendant), to be paid into Court within 20 working days and the proceeding stayed until payment.