New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Natural justice and estoppel

Legal area

Court

9 Sept 2022

GWAK v SUN [2022] NZHC 2296

Citation

[2022] NZHC 2296
Court

High Court

The Tribunal correctly found the claimants' delay from mid-2012 to issuance in 2020 was inordinate and inexcusable and that the delay caused serious prejudice to the respondent (loss of company records, inability to locate witnesses/contractors, and inability to inspect the now demolished house), and on balancing the interests it was fair and appropriate under s 112 to strike the respondent out; the High Court agreed and dismissed the appeal.
30 Oct 2013

BODY CORPORATE 85978 v WELLINGTON CITY COUNCIL [2013] NZHC 2852

Citation

[2013] NZHC 2852
Court

High Court

The High Court held that the Tribunal had jurisdiction to consider preliminary removal of individual owners in a representative claim; that the representative's filing for an assessor's report preserves limitation for owners who later join under ss 26–27 so their claims are not time-barred; and that 'dwellinghouse' status (and the exclusions) is to be assessed by intended use as evidenced at the time plans/consents were presented to the territorial authority, so the Quest-leased apartments remained within the Act.