New Zealand Case Law: Decisions & Judgments

Topic

Judicial case management

Legal area

Court

6 Sept 2022

ROSEBUD CORPORATE TRUSTEE LIMITED v BUBLITZ [2022] NZHC 2262

Citation

[2022] NZHC 2262
Court

High Court

The application was granted for specified documents because the request was for a legitimate criminal investigation, complied with the Mutual Assistance Act requirements, the materials sought were produced in open public proceedings and not subject to suppression, and appropriate conditions restricting use to the stated investigation were imposed including Crown Law obtaining written agreement from the Hong Kong Department of Justice.
27 Sept 2021

JONATHAN LIVINGSTON ENGINEERING CO LIMITED v COMMISSIONER OF PATENTS [2021] NZHC 2542

Citation

[2021] NZHC 2542
Court

High Court

The appeal was dismissed because the delay since filing (over 18 months) was inordinate and inexcusable, the appellant failed to secure legal representation despite repeated opportunities and warnings, Mr Lin declined further participation, and in the interests of justice the Court exercised its power under r 20.12 to dismiss the appeal.
12 Jul 2019

HELILOGGING LTD (in receivership and liquidation) v CIVIL AVIATION AUTHORITY OF NEW ZEALAND [2019] NZHC 1641

Citation

[2019] NZHC 1641
Court

High Court

The Court granted a split trial: liability and the regulatory outcome (whether approvals would have been granted or a loss of chance) will be tried first; quantification of loss and business consequences reserved for a subsequent hearing because plaintiffs provided late, complex particulars on quantum causing unfair prejudice and inadequate time for defendant to prepare; adjournment denied.
20 Jan 2017

KI COMMERCIAL LTD v CHRISTCHURCH CITY COUNCIL [2017] NZHC 28

Citation

[2017] NZHC 28
Court

High Court

The adjournment was refused because the appellant, having filed the notice of appeal, was bound to comply with directions; experienced counsel were able to prepare the legal issues within the available time without the director's presence; the public interest in avoiding delay to finalise the replacement plan and the risk of prejudice to the respondent outweighed the appellant's claimed hardships.
16 Jul 2015

NELSON CITY COUNCIL v THE YACHT POUNAMU [2015] NZHC 1664

Citation

[2015] NZHC 1664
Court

High Court

Because the tender fee ($3,000) would materially reduce the net return on a vessel valued at $12,000–$15,000 and a private purchaser was available, the Court exercised its discretion to amend the prior order to permit sale either by private treaty or public tender to achieve a proportionate and efficient sale.
25 Mar 2013

EDWARDS V THE DISTRICT COURT, DUNEDIN HC DUN CIV 2013-412-000001

Citation

openlaw-10a5f622_9dcd_4896_9ec8_67a59b7e7916.pdf
Court

High Court

Cross-examination of the third respondent was refused because judicial review is normally determined on affidavits, nothing in the applicant's material showed the third respondent caused the alleged procedural unfairness, and therefore cross-examination would serve no useful purpose; instead the Court directed case management steps including a joint memorandum and a timetabling conference.
4 Nov 2009

CRAIG BUSCH V ZION WILDLIFE GARDENS LIMITED AND ORS HC AK CIV 2008-488-000752

Citation

openlaw-731bd4c6_bf23_4dc7_96f9_77ced0e050ea.pdf
Court

High Court

Because the defendants had delayed in providing extensive discovery, acknowledged the task and consented to a timetable, the court ordered discovery to be completed by 13 November 2009, provided for inspection until 30 November 2009, and awarded the plaintiff costs assessed on a 2B basis including half a day hearing time.

New Zealand Case Law

ROSEBUD CORPORATE TRUSTEE LIMITED v BUBLITZ [2022] NZHC 2262

JONATHAN LIVINGSTON ENGINEERING CO LIMITED v COMMISSIONER OF PATENTS [2021] NZHC 2542

HELILOGGING LTD (in receivership and liquidation) v CIVIL AVIATION AUTHORITY OF NEW ZEALAND [2019] NZHC 1641

KI COMMERCIAL LTD v CHRISTCHURCH CITY COUNCIL [2017] NZHC 28

NELSON CITY COUNCIL v THE YACHT POUNAMU [2015] NZHC 1664

EDWARDS V THE DISTRICT COURT, DUNEDIN HC DUN CIV 2013-412-000001

CRAIG BUSCH V ZION WILDLIFE GARDENS LIMITED AND ORS HC AK CIV 2008-488-000752