New Zealand Case Law: Decisions & Judgments

Topic

Quorum

Legal area

Court

25 Nov 2019

SHANNON v LOWY [2019] NZHC 3067

Citation

[2019] NZHC 3067
Court

High Court

The court refused the applicants' interim orders restraining contact with customers and restraining competitive activity because the defendants provided a credible explanation distinguishing Salvo's products from Ripetime's, offered a court undertaking not to compete which addressed the key risk, there were doubts about the seriousness of the plaintiff's claim on the evidence before the court, the balance of convenience favoured refusing those orders and damages appeared adequate; the court granted the order making Ripetime board meetings quorate without Lowy and Sargent because that prevents…
13 Apr 2016

DURIE v PAUL [2016] NZHC 683

Citation

[2016] NZHC 683
Court

High Court

There is a serious question to be tried that the 25 February 2016 meeting was not quorate and thus its decisions may be invalid; on the balance of convenience the interim orders should be continued in modified form to preserve the status quo, minimise prejudice and protect funds and legal representation pending further resolution or a properly convened meeting.
24 Nov 2015

MCGUIRE v WELLINGTON STANDARDS COMMITTEE (NO 1) [2015] NZCA 569

Citation

[2015] NZCA 569
Court

Court of Appeal

The Court dismissed the appeal because the appellant failed to prove any reviewable procedural or jurisdictional error: the Standards Committee process and delegations were lawful, allegations of bias and breach of natural justice were unfounded given statutory provision for own-motion investigations, and the Disciplinary Tribunal properly amended the charge under reg 24 read with s 241. The Tribunal's costs award and the High Court's costs decision were reasonable exercises of discretion and not reviewable errors.
22 May 2014

X v BOVEY [2014] NZHC 1103

Citation

[2014] NZHC 1103
Court

High Court

On the evidence there was no actual predetermination by the Rector or the disciplinary committee; the Rector and committee considered the merits and relevant circumstances, the delegation to the disciplinary committee was valid in substance and the two trustees constituted a quorum under the Board's long standing practice and resolutions, therefore the application for judicial review is dismissed.
19 Nov 2013

DELIU v THE NEW ZEALAND LAWYERS AND CONVEYANCERS DISCIPLINARY TRIBUNAL [2013] NZHC 3053

Citation

[2013] NZHC 3053
Court

High Court

The application for judicial review was dismissed: the Standards Committee validly referred the complaints and properly framed and laid appropriate alternative charges under s154 notwithstanding its s152 determinations; the Committee had a quorum and the Convenor validly signed the charges; the Tribunal's Deputy Chairperson ought to have convened a reg 32 conference earlier to require the applicant to state grounds for his jurisdictional protest but the directions given at the issues conference were within the Tribunal's powers and any premature aspect was immaterial; challenges to the antece…

New Zealand Case Law

SHANNON v LOWY [2019] NZHC 3067

DURIE v PAUL [2016] NZHC 683

MCGUIRE v WELLINGTON STANDARDS COMMITTEE (NO 1) [2015] NZCA 569

X v BOVEY [2014] NZHC 1103

DELIU v THE NEW ZEALAND LAWYERS AND CONVEYANCERS DISCIPLINARY TRIBUNAL [2013] NZHC 3053