New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Jurisdictional objections

Legal area

Court

30 Apr 2018

THE OFFICIAL ASSIGNEE v MATHIESEN [2018] NZHC 843

Citation

[2018] NZAR 623
Court

High Court

The sealed vacant possession order was clear and served on the respondents, and their deliberate barricading and continued occupation amounted to wilful and inexcusable contempt proven beyond reasonable doubt; accordingly arrest warrants were issued, the Sheriff and any assisting police were authorised to use reasonable force to effect entry and eviction, and exclusion and non‑interference orders were made to protect the Court‑ordered sale process.
31 May 2012

ACC V CHRISTOPHER JOSEPH O'NEILL COA CA201/2011

Citation

COA CA201/2011
Court

Court of Appeal

The Court held that "hearing" in s146(1) includes a hearing convened to determine jurisdictional issues; hence setting a jurisdictional hearing within three months satisfies s146(1) and there was no deemed decision in the respondent's favour.
11 Jun 2009

THE COMMERCE COMMISSION V VISY BOARD (NZ) LIMITED AND ORS HC AK CIV 2007-404-7237

Citation

openlaw-73971c42_f85d_42e2_b43f_482401499bea.pdf
Court

High Court

Visy NZ failed to discharge the onus of showing it should be excused from ordinary discovery; investigatory searches and productions obtained by the Commission under the Commerce Act are not co-extensive with, and cannot be accepted as a general substitute for, a party's discovery obligations under High Court Rules r8.18, therefore the application to limit discovery was dismissed.