New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Right to counsel of choice

  • 20 Apr 2016

    ACCIDENT COMPENSATION CORPORATION v TRENDS PUBLISHING INTERNATIONAL LTD [2016] NZHC 742

    Citation
    [2016] NZHC 742
    Court
    High Court

    The adjournment was dismissed because Callaghan failed to disclose senior counsel's involvement in time to influence fixture allocation, there was insufficient prejudice to Callaghan (alternative counsel could be instructed within the available time), and the countervailing prejudice to Trends and the need for prompt resolution of related Companies Act proceedings outweighed the right to counsel choice.

    • Companies act part 14 compromise
    • Adjournment application
    • Right to counsel of choice
    • Case management
    • Set aside compromise

  • 13 Mar 2014

    ORLOV v NATIONAL STANDARDS COMMITTEE No.1 [2014] NZHC 487

    Citation
    [2014] NZHC 487
    Court
    High Court

    Because the judicial review grounds (failure to take into account relevant matters/Wednesbury issues) materially overlapped with the merits to be reheard on appeal, it was not practicable to confine Mr Deliu to discrete procedural points; permitting him to continue would render the combined hearing unmanageable. Accordingly the court exercised its jurisdiction to debar Mr Deliu from appearing for Mr Orlov in the judicial review and vacated the April fixture to reschedule the hearing for 24–26 June 2014 to permit appellate resolution and fresh counsel if required.

    • Debarment of counsel
    • Right to counsel of choice
    • Consolidation of proceedings
    • Wednesbury unreasonableness
    • Case management
    • Recusal and court composition