21 Aug 2023
HENDRIK GEZINUS DIJKSTRA AND BARBARA JANE DIJKSTRA v MARTHA TIERNEY [2023] NZCA 379
- Citation
- [2023] NZCA 379
- Court
- Court of Appeal
Appellants were not denied natural justice because they had timely notice, failed to comply with timetabling directions and elected not to appear to seek an adjournment or defend the hearing; alternatively, even if there had been a procedural breach, relief would be refused because appellants' asserted defences were not clearly sustainable and the appropriate remedy for the substantive challenge was an appeal or rehearing rather than judicial review; High Court costs award set aside because the judge overlooked appellants' legal aid status and no s45 certificate issued.