18 Sept 2017
The originating document was plainly an abuse of process because it was lengthy, rambling, contained scandalous and irrelevant allegations, lacked a proper statement of material facts or relief, and breached High Court Rules; therefore under r 5.35B(2)(a) the proceeding must be struck out and the applicants must be required to file a proper compliant document if they have tenable claims.
24 Aug 2016
Application dismissed because applicant failed to identify any new evidence or any defect in the original adjudication proceeding sufficient to satisfy s 309(1)(a); underlying Environment Court costs judgment remained unchallenged by appeal or set‑aside proceedings and the annulment jurisdiction is not a vehicle to relitigate those merits; serial applications without new material are impermissible.
23 Feb 2015
The application was served on the 11th working day because fax transmission after 5pm is treated as served the next working day, rendering the application a nullity; any omission of the judgment attached to the notice did not invalidate the notice under s418 because no prejudice to the debtor was shown; accordingly the application is dismissed and the creditors are entitled to costs on a 2B basis.
14 Apr 2014
A bankruptcy notice is not a "civil proceeding" under the Trans-Tasman Proceedings Act and therefore service of such a notice on a person in Australia still requires leave under the Insolvency Act and High Court Rules and a court order fixing the time for compliance; bankruptcy applications under s 13 are civil proceedings to which the Trans-Tasman Act applies; failure to obtain leave and to fix time rendered the bankruptcy notices nullities and the debtors did not commit acts of bankruptcy; failure to give Form 1 information for the bankruptcy applications was remediable and required adjourn…