30 Oct 2020
MEMELINK v BODY CORPORATE 68792 [2020] NZHC 2868
- Citation
- [2020] NZHC 2868
- Court
- High Court
The District Court erred in law by treating filing in the wrong registry as an absolute jurisdictional bar under s 117(5) without regard to the District Court Rules (notably r 1.12(2)) which permit correction of procedural errors to avoid defeating justice; accordingly the High Court allowed the appeal and remitted the matter to the District Court to determine the appeal on the merits.