6 Jul 2023
The Court has jurisdiction under r 4.56(1)(b) and, in the exercise of its discretion, ordered joinder of Ms Ye as second defendant because her alleged lease, if accepted, would be directly affected by the possession claim and the interests of justice require all related issues be determined in one proceeding.
28 Feb 2023
The intervenor was entitled to costs because CIL persisted with an unmeritorious claim (interest on the entire purchase price) that made the hearing unnecessary in light of a prior Calderbank offer to pay contractual interest on the deposit; costs were awarded on the 2B scale with a 50% uplift for preparation of submissions and hearing attendance for which indemnity was sought, and 2B costs for the remaining steps, plus disbursements fixed by the Registrar.
27 Feb 2023
Leave to intervene was granted because Putauaki had a substantive pending Māori Land Court application that would be directly affected by the outcome of Mercury's judicial review and Wairarapa Moana had a recognised direct interest as an interested party; intervention would assist the Court and any prejudice to existing parties could be managed by conditions limiting evidence and submissions.
19 Dec 2022
Leave to intervene was declined because LCANZI would not materially assist the Court beyond the appellant, risked imposing an undue burden on court resources, and the appellant was competent to advance the same arguments; by contrast the Human Rights Commission has a distinct statutory role under s 5.
20 Oct 2022
The presumption under r 15.23 was not displaced: the applicant voluntarily discontinued a complex judicial review that he commenced and could reasonably have anticipated would attract intervention; the Attorney-General's intervention and case management did not amount to fatal prejudice; 2C rates were appropriate for steps 2 and 30; therefore Robert Lee was ordered to pay Rotorua District Council costs of $39,696.
28 Jun 2022
The Guild was granted leave to intervene but limited to filing written submissions and representation at trial with oral submissions subject to the trial judge's discretion; leave to file evidence was refused at this stage but may be renewed after the applicant's evidence is filed if the Guild promptly and specifically identifies areas where evidence would assist; these constraints mitigate risk of issue expansion and prejudice to parties while allowing useful assistance to the Court.
13 Apr 2022
Leave to intervene was granted because it was in the interests of justice: the intervener's issues overlap materially with the rectification proceedings and the proposed defence to the summary judgment is arguable; intervention would not significantly extend hearing time; intervention ensures a contradictor to the plaintiff; and the rectification claim appears to have merit.
15 Mar 2022
Leave to intervene was granted because the appeal involved issues of general importance and the Committee, notwithstanding some overlap with the appellant, could provide useful collective media expertise; intervention was confined (limited to focused written submissions on a strict timetable, with prohibition on seeking costs and potential restriction on oral argument) to avoid expansion of issues, duplication and undue cost or delay.
28 Feb 2022
An interested person who, having filed a timely notice of appearance under s 104, appears and is heard in the High Court proceedings is a party for the purposes of s 112(1) and therefore has an automatic right of appeal to the Court of Appeal; s 107(3) provides adequate judicial control over abusive or frivolous participation, and persons who participated as interested persons in the High Court need not seek leave to intervene on appeal.
21 Oct 2021
The Privacy Commissioner was granted leave to intervene because interpretation and application of r 11(2)(d) is central to the judicial review and of wider public importance, and the Commissioner is uniquely qualified to assist the Court; leave was granted subject to conditions limiting scope and timing of submissions to avoid expansion of issues, delay and increased costs.