New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Delay and timeliness

Legal area

Court

17 Nov 2021

BURNS GROUP 2018 LTD v ROBERTS & ORS [2021] NZHC 3093

Citation

[2021] NZHC 3093
Court

High Court

On the limited evidence the applicant demonstrated an arguable case and that re‑entry would cause greater and disproportionate disruption, and because the injunction is of short duration pending an on‑notice hearing and subject to the applicant's undertaking and payment obligations, the balance of convenience favoured granting a without‑notice interim injunction to preserve the status quo.
5 Feb 2007

LAWN V WARD HC HAM CIV-2006-419-001456

Citation

openlaw-b3db902f_e6bf_4704_a3a8_6a416e640ce7.pdf
Court

High Court

The High Court held Judge Burnett was not plainly wrong in finding special circumstances under s151 existed to permit late referral of the December 2004 bills to the Auckland District Law Society given the substantial difference between estimated and billed fees, asserted conduct issues known to the respondent, the context of concurrent substantive proceedings which explained delay, and absence of shown prejudice; the referral order was therefore upheld, but the District Court costs order against the appellant was set aside and replaced with each party to bear their own costs.