25 Nov 2016
The Registrar correctly refused to accept the notice of appeal because the Associate Judge's order striking out the proceedings was made in Chambers under s26J of the Judicature Act and, by s26P(2), is not appealable to this Court; the proper remedy is a High Court review under s26P(1).
18 Sept 2015
The Associate Judge's costs decision arose from an interlocutory application properly heard in chambers by an Associate Judge and was therefore amenable to review under s 26P(1); leave to bring the review out of time was granted; on the merits the Associate Judge applied the wrong principle and lacked adequate evidential basis to find the director was the real party entitled to a costs order, so the costs order was set aside.
18 Oct 2013
The review was dismissed because the Court of Appeal lacked jurisdiction to entertain an appeal against a chambers decision made under High Court Rules r15.13 (review must be in the High Court under s26P(1) Judicature Act), and in any event no exceptional circumstances or public interest justified dispensing with security for costs; accordingly security of $5,880 was ordered.
12 Oct 2009
An Associate Judge does not have jurisdiction to decide an originating application under s138R of the Tax Administration Act 1994; such matters must be heard by a Judge, therefore the Associate Judge must decline to decide and remit the matter for rehearing before a Judge.