New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Jurisdiction of court

  • 3 Feb 2023

    THAVARAG v WILLIS STREET PARKING LIMITED [2023] NZHC 105

    Citation
    [2023] NZHC 105
    Court
    High Court

    The appeal court held the District Court erred by further considering and entering summary judgment after the original summary judgment application had been dismissed and there was no extant application or judgment; the Judge failed to identify or follow any procedural path (including seeking leave) and breached the appellant's right to be heard; the supplementary judgment was set aside and the matter remitted to the District Court for proper case management.

    • Summary judgment
    • Jurisdiction of court
    • Natural justice
    • Penalty clause
    • Default interest
    • Case management

  • 9 Jan 2013

    GC RANGITAAWA HC WHA CIV-2013-488-01

    Citation
    openlaw-c2f94a85_8771_4cc7_80e6_9547b06fea4c.pdf
    Court
    High Court

    The application was refused because Court records established the applicant was lawfully detained following conviction and commitment and, under the Habeas Corpus Act 2001 s14(2)(a), the judge could not question a conviction of a court of competent jurisdiction; the defective form of the application did not alter that result.

    • Habeas corpus
    • Detention legality
    • Sentence enforcement
    • Bail
    • Jurisdiction of court