New Zealand Case Law: Decisions & Judgments

Topic

Rights of audience

Legal area

Court

3 Aug 2016

THE GRAND HOTEL AWAROA LTD v MCERLEAN ON BEHALF OF THE NEW ZEALAND POLICE [2016] NZHC 1787

Citation

[2016] NZHC 1787
Court

High Court

Section 206(2) of the Sale and Supply of Alcohol Act 2012 unambiguously confines rights of audience to appearing personally or by counsel, and s201 precludes reading the Commissions of Inquiry Act regime into the Act; therefore a lay agent has no entitlement to appear and the proposed question of law is not capable of bona fide and serious argument, so leave to appeal is refused.
12 Aug 2014

962149 LIMITED & ANOR v HANSEN & ORS [2014] NZHC 1884

Citation

[2014] NZHC 1884
Court

High Court

Leave to permit a non-lawyer director to represent the company was refused because the Mannix rule applies; the case is complex with extensive and potentially damaging fraud allegations, the pleadings are prolix and confused, the applicant lacked requisite legal knowledge, and a company's lack of funds is not a sufficient exceptional circumstance to permit lay representation.
11 Oct 2007

THE COMMISSIONER OF INLAND REVENUE V PANMURE CONSULTANTS LIMITED HC AK CIV 2007-404-00094

Citation

openlaw-bae5852e_5c6d_42c4_9e5f_25bf34401f1a.pdf
Court

High Court

The statutory demand created a presumption the company was unable to pay its debts and the material before the Court did not disclose a genuine and substantial dispute warranting refusal of the winding up or a stay; additionally the director could not represent the company in the High Court and the affidavit filed did not comply with Court rules — therefore a winding up order and appointment of liquidators were justified.

New Zealand Case Law

THE GRAND HOTEL AWAROA LTD v MCERLEAN ON BEHALF OF THE NEW ZEALAND POLICE [2016] NZHC 1787

962149 LIMITED & ANOR v HANSEN & ORS [2014] NZHC 1884

THE COMMISSIONER OF INLAND REVENUE V PANMURE CONSULTANTS LIMITED HC AK CIV 2007-404-00094