New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Open court vs chambers

Legal area

Court

4 Apr 2014

VINCENT ROSS SIEMER v MICHAEL RICHARD HERON [2014] NZSC 35

Citation

(2014) 21 PRNZ 818
Court

Supreme Court

The Associate Judge's strike out decision was made in chambers (described as 'open court for chambers'), therefore no right of appeal to the Court of Appeal under s 26P(2) arises; the correct route is an application to the High Court for review under s 26P(1); the bias allegations failed to satisfy the Saxmere test and were dismissed.
5 Oct 2010

OMEGATREND INTERNATIONAL PTY LTD (IN LIQUIDATION) (ACN 074 557 681) V NEW IMAGE INTERNATIONAL LTD HC AK CIV 2010-404-004098

Citation

openlaw-ae3e271b_a92c_436f_a43a_77e7ebe76257.pdf
Court

High Court

The examinations were ordered to be conducted in chambers rather than open court because the liquidator suffered no prejudice from private hearings and the extraordinary nature of examination powers and absence of substantive adversarial proceedings justified privacy; to preserve the integrity of evidence the other examinees were excluded from attending co-examinees' hearings and a prohibition was imposed on communicating questions or answers between examinees until all examinations conclude.