New Zealand Case Law: Decisions & Judgments

LEOPOLD ALEXANDER HEUKELS V THE DISTRICT COURT AT MASTERTON AND ANOR HC WN CIV 2010-435-141

Citation

openlaw-9ea6f7de_4011_4ded_9ec4_9c0e60e2a1e1.pdf

Court

High Court

Although costs generally follow the event, the court reduced the award because the proceedings were prompted by police failures and involved criminal aspects where costs orders are ordinarily disfavoured; the requested $8,348.82 was disproportionate and a global award of $2,000 plus disbursements was appropriate.

26 Oct 2006

GENERAL DISTRIBUTORS V MANUKAU DISTRICT COURT HC AK CIV-2005-404-6263

Citation: openlaw-d2b48e8d_6969_4403_8d63_3bd9189e5335.pdf
Court: High Court

s43A of the Summary Proceedings Act must be read purposively and authorises the Court to amend an information by substituting the particulars of a defendant, including substitution of a different legal person where the particulars do not correctly identify the person who committed the offence; the 12 month limit in s43A(3) contemplates such substitutions and prevents circumvention only where amendment would cause prejudice; s55(3) HSEA is narrower and allows only correction of the actual name of the same defendant, not substitution of a different defendant; on the facts the District Court val…