New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Concurrent civil and criminal proceedings

Legal area

Court

29 Jul 2015

HAVENLEIGH GLOBAL SERVICES LIMITED v HENDERSON [2015] NZHC 1759

Citation

[2015] NZHC 1759
Court

High Court

The adjournment was refused because the statutory insolvency scheme requires timely public examination and compels answers subject to s185 protection; the Assignee acted responsibly, the bankrupt knew of the charges and would not be unduly prejudiced as a matter warranting exceptional delay, and the public interest in timely administration outweighed the risk of prejudice to criminal proceedings.
21 Oct 2013

MAYO-SMITH v ROSENBERG [2013] NZHC 2741

Citation

[2013] NZHC 2741
Court

High Court

Application for stay dismissed because defendant failed to show a real risk of prejudice to the criminal trial; his right to silence had been largely eroded by compulsory Companies Act examination and relevant authorities place the onus on the defendant to justify a stay; consequently the civil proceeding may progress through interlocutory stages.