New Zealand Case Law: Decisions & Judgments

Topic

Jurisdiction to vary orders

Legal area

Court

11 Aug 2020

HOUGHTON v SAUNDERS [2020] NZHC 2030

Citation

[2020] NZHC 2030
Court

High Court

Application for a stay was dismissed. The court held the primary considerations (risk of appeal being nugatory and bona fides/delay in prosecuting the appeal) weighed against a stay; the proposed security (STGL guarantee and crowd funding) was inadequate and belated; no new circumstances justified varying the May 2020 unless orders; automatic consequence of non-compliance with those orders (striking out) remains in effect.
5 Dec 2008

DORCHESTER FINANCE LIMITED V CHRISTCHURCH FOODCOURTS LIMITED AND ANOR HC AK CIV 2005-404-006193

Citation

openlaw-ef09ddb0_574e_4389_b96f_c388813fe1fa.pdf
Court

High Court

There is no jurisdiction to order a post-redemption 'top-up' where the land has been released and the mortgage contains no contractual provision permitting further security; however, having met the r 60 threshold (including foreign residence and risk of inability to pay) the Court will exercise its discretion to order security for costs in a reduced amount based on the stage of proceedings and likely costs exposure.
6 Sept 2007

THE SOLICITOR GENERAL OF NZ V HUANG HC AK CIV-2005-404-1538

Citation

openlaw-e9a46c25_0cc1_4f4d_8441_91b6ecb1ec18.pdf
Court

High Court

The High Court retains jurisdiction to make further ancillary orders under s47 where there is a genuine change of circumstance, but the present application was an abuse of process because it sought to re-litigate matters that could and should have been raised earlier; on the merits the Crown had reasonable grounds under s43(3)(b) to believe the respondent exercised effective control of the vehicles and the asserted hardship did not outweigh the Crown's case, therefore the order authorising the Official Assignee to take custody and control of the vehicles was upheld and the application to vary…

New Zealand Case Law

HOUGHTON v SAUNDERS [2020] NZHC 2030

DORCHESTER FINANCE LIMITED V CHRISTCHURCH FOODCOURTS LIMITED AND ANOR HC AK CIV 2005-404-006193

THE SOLICITOR GENERAL OF NZ V HUANG HC AK CIV-2005-404-1538