New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Registrar filing requirements

Legal area

Court

2 Aug 2018

D’ESPOSITO v MINISTRY FOR PRIMARY INDUSTRIES [2018] NZCA 287

Citation

[2018] NZCA 287
Court

Court of Appeal

Because the defendant was tried in the District Court the High Court is the first appeal court even though it substituted a conviction under s 234; therefore any appeal to the Court of Appeal is a second appeal for which leave is required under the CPA.
4 Jun 2013

KAI IWI TAVERN LIMITED V THE NEW ZEALAND GUARDIAN TRUST COMPANY LIMITED CA [2013] NZCA 199

Citation

[2013] NZCA 199
Court

Court of Appeal

The Registrar's refusal was set aside because the Mannix rule is discretionary and, given imminent time limits, that the director only sought to file the notice to initiate the appeal and the company had instructed solicitors to conduct the appeal, leave should be granted for the director to file; accordingly the Registrar must accept the notice as filed on its original presentation date.