New Zealand Case Law: Decisions & Judgments

Topic

Right to appeal

Legal area

Court

26 Oct 2022

O’NEILL v LEGAL COMPLAINTS REVIEW OFFICER [2022] NZHC 2778

Citation

[2022] NZHC 2778
Court

High Court

The proceeding was struck out as a plain abuse of process because the applicant's complaint sought to relitigate extravagant corruption allegations without any evidentiary foundation, improperly using court processes; given the absence of any arguable factual basis the respondent reasonably confirmed the Standards Committee's decision and strike out under rr 5.35B(1)(a) and 15.1 was appropriate.
29 May 2014

NICHOLAS PAUL ALFRED REEKIE v ATTORNEY-GENERAL [2014] NZSC 63

Citation

[2014] 1 NZLR 737
Court

Supreme Court

The Registrar and single-judge reviews correctly applied the law: impecuniosity alone does not justify dispensing with security for costs; the Registrar should only dispense with security where it is right to require the respondent to defend the judgment without the normal protection of security; a Judge reviews such decisions de novo; appeals should only be permitted without security where a reasonable solvent litigant would pursue them (including merits and public interest considerations); applying those principles the Court dismissed the appeals and refused to waive security.
16 Apr 2014

GRANT and KHOV as liquidators of QUANTUM GROW LIMITED (In Liquidation) v LOTUS GARDENS LIMITED [2014] NZHC 829

Citation

[2014] NZHC 829
Court

High Court

The Court ordered immediate liquidation of Lotus Gardens Limited, joined director Alan Canavan as second defendant so he may pursue leave to appeal to the Supreme Court, and appointed the Official Assignee as interim liquidator to 'hold the fort' pending any Supreme Court leave decision; the Official Assignee was chosen because of independence and lower regulated remuneration, and costs of $17,915 plus disbursements were awarded to the plaintiffs to be paid from the company's assets (with Mr Canavan not personally liable for that costs award).
20 Apr 2010

PETRYSZICK V R SC 103/2009

Citation

SC 103/2009
Court

Supreme Court

Leave to appeal was granted because the Court concluded the question whether the Court of Appeal's dismissal on procedural grounds denied the applicant his s25(h) right raised a matter of general and public importance and required determination; an amicus was to be appointed to assist on that sole question.

New Zealand Case Law

O’NEILL v LEGAL COMPLAINTS REVIEW OFFICER [2022] NZHC 2778

NICHOLAS PAUL ALFRED REEKIE v ATTORNEY-GENERAL [2014] NZSC 63

GRANT and KHOV as liquidators of QUANTUM GROW LIMITED (In Liquidation) v LOTUS GARDENS LIMITED [2014] NZHC 829

PETRYSZICK V R SC 103/2009