14 Feb 2023
Recall was declined because the matters the appellants sought to reopen had been finally determined, relitigation would be an abuse of process, Mr Navaratnam had been adjudicated bankrupt and thereby lost standing with the Official Assignee vested with litigation rights, and clause 6 of the guarantee justified an award of indemnity costs against both guarantors.
11 Dec 2014
Debtor may not relitigate or avoid the adjudication by attacking the Employment Court judgment after the Court of Appeal rejected his review; debtor failed to show the adjudication would be pointless because family trust assets and transfers had not been disclosed and warranted investigation by the Official Assignee; balancing the s 37 factors, it was not just and equitable to refuse adjudication, so the Court ordered adjudication and costs to the creditor.
5 Jun 2014
Extension of time was refused because the appellant's case on appeal did not comply with the rules and no hearing date was sought, the required security for costs remained unpaid despite ample time, and no arguable question of law was identified; consequently the appeal was deemed abandoned and costs awarded to the respondent.
28 Feb 2014
The Board was exercising a statutory power under s32 of the Valuers Act; a decision not to prosecute is not reviewable merely because the Court would have weighed factors differently. Absent bad faith, abuse of process or failure to exercise the discretion, and given the investigation treated the complaint as ethical (and there was insufficient evidence of unethical or incompetent conduct, including no independent valuer's report), the Court will not overturn the Board's decision; consequently the judicial review application is dismissed.
16 Aug 2012
The application for a writ of habeas corpus is declined because the applicant is lawfully detained under a valid warrant, no demonstrable upstream legal error justified habeas intervention, and the Parole Board's acceptance of Immigration New Zealand's timetable was a lawful exercise of its discretion consistent with the paramount consideration of community safety.