New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Judicature act 1908 ss26j,26p
  • 3 Nov 2011

    LAWRENCE RIVERSIDE LIMITED V C P HOLDINGS LIMITED COA CA45/2011

    Citation
    openlaw-79be579a_4242_49fe_8860_55a2b26f65a6.pdf
    Court
    Court of Appeal

    The Court of Appeal had no jurisdiction because the Associate Judge's decision was made in chambers under s26J of the Judicature Act 1908 and challenges to such decisions are by way of review in the High Court under s26P(1) and r2.3; therefore the appeal was dismissed for want of jurisdiction.

    • Leave to amend pleadings
    • Setting down date
    • Jurisdiction of court of appeal
    • Review vs appeal
    • High court rules rr2.1,2.3,7.18,7.52,7.77
    • Judicature act 1908 ss26j,26p