4 Sept 2023
The Court held that Canoe Racing New Zealand Incorporated suspended Mr Thompson without affording him his right to be heard, warranting a declaration to that effect, while concluding the subsequent expulsion was neither unfair nor improper thus not requiring further relief.
10 Mar 2023
Appellant had received the extradition application and supporting documents in September 2022, had an opportunity to seek and obtain representation but elected to self-represent, was given an opportunity to be heard at the District Court hearing, and no demonstrable breach of s27 NZBORA or error of law was established; therefore the High Court dismissed the appeal and confirmed the District Court's determination that the appellant was eligible for surrender.
23 Feb 2023
The High Court held that in the facts of this case tikanga Māori did not prevent or displace the operation of s152(2) of the Insolvency Act 2006; the District Court did not err in refusing additional oral evidence from kaumātua and correctly granted the Assignee's possession order because s152 is a procedural statutory mechanism that prevails where applicable.
31 May 2022
Because the objector elected not to participate, provided no particulars or evidence, and had ample opportunity to be heard, nothing altered the conclusions of the recalled judgment; the Court reissued the judgment approving the scheme subject to the previously identified modification.
20 Sept 2021
Leave to appeal out of time granted; on review the District Court judge gave only cursory reasons and the s124 disqualification was not the least restrictive or sufficiently useful given the totality of sentence and that the appellant would be imprisoned for most if not all of the disqualification period; accordingly the six month disqualification was quashed.
9 Sept 2021
The application for recall is dismissed because nothing raised by the applicant established the exceptional circumstances required to recall the Court's judgment; additionally the Court held the limited publication exception applies only to law reports or law digests and that other publication prior to final disposition of trial would breach suppression orders.
3 Sept 2021
Where a scheme material to owners' rights was materially amended on the eve of trial and the affected owners were not served with the revised scheme, their s74(6) right to be heard was breached; the Court therefore exercised its s74(8) power to cancel the consent order approving that scheme and directed the Body Corporate to re-serve an amended originating application so affected owners can be heard. The arbitration clause did not oust the Court's power under s74(8). The Court declined to determine the s173 claim because the claimed sum was below the s173 monetary threshold and the dispute is…
4 Jun 2020
The Tenancy Tribunal erred in failing to action the applicant's approved request to appear by telephone, thereby depriving him of the right to be heard; the appropriate remedy is to set aside the Tribunal decision and refer the matter back to the Tenancy Tribunal for reconsideration; costs to lie where they fall.
18 Dec 2018
The appeal is dismissed because the appellants failed to prove they were deprived of the opportunity to be heard through no fault of theirs; the obligation to provide discovery rested on the appellants and their non-compliance was persistent and deliberate, justifying debarment; enforcement of the award is not contrary to New Zealand public policy and upsetting enforcement for counsel error would undermine finality of arbitration.
20 Oct 2017
Extension of time to appeal was granted but the appeal was dismissed because any procedural irregularity at trial (not hearing the Crown or not giving written reasons) did not amount to an ultra vires act or miscarriage of justice; the transcript showed the trial judge's reasoning and the sufficiency of the evidence was already conclusively addressed on appeal so the High Court properly exercised its discretion and correctly dismissed the judicial review.