New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Review of assignee decisions
  • 8 Oct 2009

    LEE V THE OFFICIAL ASSIGNEE AND ANOR HC AK CIV 2009-404-3257

    Citation
    openlaw-567fa5cc_d097_472a_af9d_5bdce2207bac.pdf
    Court
    High Court

    The Official Assignee could not lawfully revive the appeal once it was finally abandoned under r43(3) of the Court of Appeal Rules, and the Assignee's decision to discontinue the counterclaim was reasonable because the counterclaim disclosed no viable causes of action or sufficient particulars; accordingly the s226 application to reverse the Assignee's decisions is dismissed.

    • Review of assignee decisions
    • Revival of abandoned appeal
    • Discontinuation of counterclaim
    • Duty of care
    • Security for costs
    • Costs orders