15 Mar 2011
Delivery of the notice of appeal to the respondent's nominated address for service (the PO Box) on 20 December 2010 constituted effective service within the statutory period under s 123(4); proof of delivery to the designated address overrides the respondent's later opening of the mail and therefore the appeal was brought within time.
5 Aug 2009
Rosemary's application for sale of Tombstone is to be determined under s140 Property Law Act 1952 as preserved by Interpretation Act s18 because she had an existing right in proceedings commenced before 1 January 2008; plaintiff lacks standing to invoke s339 Property Law Act 2007 because he is not a legal co-owner but a constructive/beneficial owner; plaintiff's misconduct and conflict justify removal as executor and trustee under Trustee Act s51; plaintiff's caveats are discharged under Land Transfer Act s143; buy-out applications and stay are dismissed; sale of Tombstone ordered and Trust F…
22 Dec 2003
The appeal is dismissed because the decision giving rise to review occurred and the three month review period expired before the 2001 Act commenced; the transitional provision (s391) does not operate to revive an exhausted review right and s21 of the Interpretation Act cannot breathe life into a power that had already expired, therefore the reviewer correctly declined jurisdiction for lateness.