New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Prematurity of interlocutory applications

  • 22 Nov 2016

    STRACK v GREY [2016] NZHC 2792

    Citation
    [2016] NZHC 2792
    Court
    High Court

    The associate judge was correct to find the disqualification application premature: the mere possibility that a solicitor may be called as a witness does not trigger r13.5 unless the evidence would be of a contentious nature or the solicitor's conduct/advice is truly in issue. There was no evidence at the time the application was filed that Mr Crush's evidence would be contentious or that his conduct/advice was a material issue; accordingly the disqualification and costs claim by the applicant failed and the associate judge's costs award to the trustees on a 2B basis was upheld.

    • Contract cancellation
    • Repudiation
    • Disqualification of counsel
    • Lawyers and conveyancers act rules r13.5
    • Prematurity of interlocutory applications
    • Costs orders (2b)

  • 25 Aug 2016

    STRACK & WMC TRUSTEE LTD v GREY [2016] NZHC 1981

    Citation
    [2016] NZHC 1981
    Court
    High Court

    The application was premature; on the material before the Court it was not established that the solicitor may be required to give evidence of a contentious nature and disqualification was not warranted under Black v Taylor or r 13.5, therefore costs were awarded to the plaintiffs on a 2B basis.

    • Disqualification of counsel
    • Application of r 13.5 lawyers and conveyancers act rules
    • Choice of counsel
    • Solicitor evidentiary privilege
    • Prematurity of interlocutory applications