New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Bill of rights act s 27

  • 10 Feb 2020

    LINCOLN v ATTORNEY-GENERAL [2020] NZHC 117

    Citation
    [2020] NZHC 117
    Court
    High Court

    Adjournment was refused because the medical evidence before the Court was insufficient to establish current incapacity and the plaintiff's demonstrated conduct of complex litigation indicated capacity; security for costs was ordered in the sum of $10,000 but payment was stayed pending the outcome of the plaintiff's legal aid application; portions of the second amended statement of claim adding post-pleadings allegations were directed to be struck and the plaintiff was ordered to file a tracked, compliant amended statement of claim immediately.

    • Adjournment
    • Security for costs
    • Amendment of pleadings
    • Mental capacity to conduct proceedings
    • Bill of rights act s 27

  • 15 Nov 2019

    RIKI SCOTT STEEN WALLS v ULSTERMAN HOLDINGS LIMITED (IN LIQUIDATION) [2019] NZSC 126

    Citation
    [2019] NZSC 126
    Court
    Supreme Court

    Rule 15.9(2) is clear and unambiguous: no notice is required to list a formal proof hearing; the Rules provide an express remedy (r 15.10) to challenge any default judgment; accordingly there is no real prospect of success on the applicant's NZBORA/natural justice argument and leave to appeal is refused.

    • Director's duties
    • Liquidation
    • Default judgment
    • Formal proof hearing (high court rules r 15.9)
    • Natural justice
    • Bill of rights act s 27