New Zealand Case Law: Decisions & Judgments

Topic

Adjournment application

Legal area

Court

18 Aug 2023

STEPHENS LAWYERS LTD v CRIFFEL DEER LIMITED [2023] NZHC 2240

Citation

[2023] NZHC 2240
Court

High Court

Section 161(1) does not operate as an absolute stay preventing a court from determining liability-only issues; summary judgment as to liability was appropriate because the defendants had no tenable defence to liability for counsel's fees incurred after 28 April 2022; however the defendants have an arguable defence in relation to fees rendered before the plaintiff was retained, and quantum (reasonableness) remains for the Law Society to determine.
23 Feb 2023

KUMAR v ATTRI AND SONS [2023] NZHC 283

Citation

[2023] NZHC 283
Court

High Court

The High Court held the District Court judge erred by denying a sought adjournment and by entering summary judgment: appellants had demonstrated an arguable defence supported by evidential material (correspondence and receivers' reports indicating Bank involvement with receivers' realisation of assets) and were entitled to pursue that defence in ordinary proceedings; summary judgment was quashed and the matter remitted for full hearing.
29 Mar 2022

BO SI LIMITED (IN LIQUIDATION) v CRUSADERS BUILDING DEVELOPMENT LIMITED & ORS [2022] NZHC 592

Citation

[2022] NZHC 592
Court

High Court

The adjournment was declined because the related shareholder proceedings will not resolve the plaintiff's creditor status, prompt resolution of winding-up applications is required, and the second defendant's preference to control any sale is insufficient justification for delay.
7 Dec 2020

JAMES v AUCKLAND COUNCIL [2020] NZHC 3222

Citation

[2020] NZHC 3222
Court

High Court

The appeal was dismissed because the appellant repeatedly failed to appear without a proper explanation or supporting medical evidence, the Court had been indulgent in granting prior adjournments, and the prolonged detention of the dog in unsuitable pound conditions created an animal welfare concern making dismissal appropriate.
13 Dec 2019

BARTON v R [2019] NZCA 644

Citation

[2019] NZCA 644
Court

Court of Appeal

The Court held the four‑year starting point adopted by the sentencing Judge was within range for deliberate, prolonged and repetitive failure to file returns to evade tax; a six‑month uplift for extensive prior dishonesty convictions was justified; a 20% discount for remorse, filing and partial reparation was generous and no further discount was warranted despite a subsequent $122,000 payment because a substantial portion of core tax, interest and penalties remained outstanding; applications to adjourn the appeal and to defer commencement of sentence were properly declined; appeal dismissed.
14 Jun 2019

SANSON & OR v SHAN LING [2019] NZHC 1352

Citation

[2019] NZHC 1352
Court

High Court

Adjournment refused and adjudication ordered because the debtor had ample time to obtain advice, there was no evidentiary basis that the proposed proposal or counterclaim had substantive merit, a nil return under execution had been made satisfying s 26, and the prejudice to creditors and public interest in prompt adjudication outweighed the debtor's request for delay.
11 Oct 2018

COMMISSIONER OF INLAND REVENUE v GLENVALE HOLDINGS LIMITED [2018] NZHC 2667 [11 October 2018]

Citation

[2018] NZHC 2667
Court

High Court

The company was presumed insolvent due to non-compliance with statutory demands and the Commissioner proved a tax indebtedness of $173,460.97; the defendant failed to file evidence despite directions and sought a last minute adjournment based on matters not previously raised, so the Court refused the adjournment and made a liquidation order, appointing liquidators and approving their remuneration.
17 Sept 2018

MURREN v SCHAEFFER [2018] NZHC 2442

Citation

[2018] NZHC 2442
Court

High Court

Adjournment refused because the interests of justice favoured proceeding: the action is long-standing, plaintiffs and witnesses had fixed overseas arrangements, the defendant delayed raising alleged threats until late, and alternative steps (filing witness statements and compelling attendance) were available; accordingly the adjournment application failed and costs were awarded to the plaintiffs.
24 Jul 2017

NEWTON v DUNN [2017] NZHC 1713

Citation

[2017] NZHC 1713
Court

High Court

The adjournment application was refused because the plaintiff's additional reply evidence was brief, the disputed truth defence issues were primarily allocated to the second part of the trial the following week, the matter had been pending for close to five years, the late timing of the application caused greater prejudice to the plaintiff and public interests in timely resolution, and a modest deferment to 25 July 2017 provided reasonable additional preparation time to address counsel's concerns.
19 Aug 2016

CYGNET FARMS LTD v ANZ BANK NEW ZEALAND LTD [2016] NZHC 1945

Citation

[2016] NZHC 1945
Court

High Court

Applying r10.2 the court balanced the plaintiff's strong interest in timely resolution, the public interest in efficient court use and the speculative benefit to others of further discovery, accepted the plaintiff's undertaking as adequate protection, and declined ANZ's adjournment application so the trial could proceed as scheduled.