New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Non-appearance dismissal

Legal area

Court

15 Nov 2021

WESTPAC NEW ZEALAND LTD (1763882) v ANDERSON [2021] NZHC 3074

Citation

[2021] NZHC 3074
Court

High Court

The application to set aside the bankruptcy notice is dismissed because Westpac had a final order for costs, the bankruptcy notice was served, Mrs Anderson did not comply within the statutory time and she produced no evidence of a genuine or triable cross‑claim or defence; additionally the applicant failed to prosecute by not appearing. Costs were awarded to Westpac on a 2B basis with a 20% uplift and reasonable disbursements to be fixed by the Registrar; indemnity costs were declined.
6 May 2021

GREENSMITH v NZ POLICE [2021] NZHC 1001

Citation

[2021] NZHC 1001
Court

High Court

The appeal was dismissed for non-appearance and want of prosecution; further, there is no clear statutory right of appeal to this Court against a District Court Judge's refusal to remit fines under s88AE, and in any event the Judge did not err on the material before him because the appellant produced no evidence of financial hardship or other relevant circumstances to justify remission.
29 Jul 2009

Sheehan v Accident Compensation Corporation

Citation

[2010] NZACC 124
Court

District Court

The appeal was dismissed because the appellant failed to appear, the appeal lacked merit given the assessed 5% WPI below the qualifying threshold for an independence allowance, and the appeal was filed out of time.