New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Notice and service requirements

Legal area

Court

6 Mar 2023

TANYA FELICITY DUNSTAN v AUCKLAND DISTRICT COURT [2023] NZHC 398

Citation

[2023] NZHC 398
Court

High Court

An appeal against District Court directions under s 124 must comply with High Court Rules Part 20 (including filing a notice of appeal that meets r 20.9 and serving it per r 20.6); initiating an appeal in the High Court that bypasses these mandatory procedural requirements is plainly an abuse of process and the court may stay the proceeding under rr 5.35A/B until proper compliance occurs.
27 Feb 2013

MACQUARIE INVESTMENT MANAGEMENT LTD FOR MACQUARIE GLOBAL INFRASTRUCTURE TRUST II HC AK CIV-2012-404-003857

Citation

openlaw-b82f3994_e19b_4198_853f_429e0460821d.pdf
Court

High Court

Because the contravention was caused by failure to comply with a condition of the Exemption Notice, notice was given in accordance with ss37AE and 37AF, and no subscriber objected in the statutory form describing material prejudice, the conditions of s37AC(1)(e) were satisfied and the Court was required to make a relief order; the late service on the Financial Markets Authority was a non‑fatal formality.