New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Service of process and substituted service

Legal area

Court

4 Feb 2009

BODY CORPORATE 203344 V BARROWMAN & ORS AND ORS HC AK CIV 2008-404-4505

Citation

openlaw-88a169cb_d523_40ba_b017_104dccd6d56a.pdf
Court

High Court

The Court approved and settled the proposed remedial works scheme because it was professionally prepared, necessary and expedient to enable repairs and levy contributions under s48(5) of the Unit Titles Act, was supported by the unit owners, and complied with legal requirements subject to satisfactory substituted service on two outstanding owners, with orders to lie for 14 days pending service.
23 Sept 2008

TURNER V COMMISSIONER OF INLAND REVENUE HC AK CIV 2006-404-000096

Citation

openlaw-e1e87cf5_3f64_4cbd_bf6a_e5573aae36ae.pdf
Court

High Court

Application dismissed because Mr Turner failed to show a procedural defect warranting annulment—service and substituted service were lawfully effected and he failed to apply to set aside the default judgment or attend hearings—and he failed to show the debt was paid or satisfied because assessed tax remains outstanding and no valid payment or offer was made; therefore no basis under s119(1)(a) or (b).