New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Appeal from tribunal

Legal area

Court

27 Apr 2016

KWAK & Anor v PARK [2016] NZHC 802

Citation

[2016] NZHC 802
Court

High Court

The court awarded the appellants High Court scale costs because reliance on the Tribunal record does not justify discounting scale costs and the matter was of sufficient complexity; awarded costs calculated as 7.35 scale days at $2,230 per day plus agreed disbursements, totalling $17,743.00.
15 Mar 2010

FENTON & ORS V BUILDING CODE CONSULTANTS LIMITED & ORS HC AK CIV-2009-404-6348

Citation

openlaw-2d98d82c_3830_421a_8d0e_4a9235b95570.pdf
Court

High Court

s112 removals should not be used to decide contested factual issues on affidavit where the pleaded case, if amended to reflect arguments advanced, could possibly succeed; the Tribunal erred in relying on Hailstone's affidavit to strike out BCCL and Hailstone because the strike out/ removal must apply the High Court tenability principles and assume pleaded facts true; appeal allowed and removal reversed.