New Zealand Case Law: Decisions & Judgments

Topic

Set-aside applications

Legal area

Court

24 May 2021

FLOW CONTROL LTD v IL FORNO LTD [2021] NZHC 1159

Citation

[2021] NZHC 1159
Court

High Court

The asserted cross-claims are collateral attacks on prior final High Court judgments or were claims that could and should have been raised in those proceedings; they do not meet the s17(7) requirement of a genuine triable cross-claim that could not have been used as a defence, and pursuing them now would be an abuse of process; the plaintiff (Flow Control) failed to appear to oppose the statutory demand so r10.8 requires dismissal; accordingly both the application to set aside the bankruptcy notice and the application to set aside the statutory demand are dismissed and enforcement and costs o…
9 Aug 2012

LIN V WESTPAC NEW ZEALAND LIMITED HC AK CIV-2012-404-2893

Citation

openlaw-25728d9d_010e_4537_82eb_6d331b395919.pdf
Court

High Court

Because one application was filed late, the other was not served, and the Court had no jurisdiction to extend the filing/service deadlines, both applications were dismissed.
23 May 2011

FM CUSTODIANS LIMITED v E SEREPISOS HC WN CIV-2011-485-279

Citation

openlaw-fd484532_4fb9_4ecd_916f_af1442c4eff9.pdf
Court

High Court

Because there were two uncontested High Court judgments establishing the creditor's claims, no arguable defence or procedural defect was demonstrated, and no very special circumstances were shown, the Court must dismiss the applications to set-aside the Bankruptcy Notices.
14 Dec 2007

GUTTENBEIL V SWAN & ORS HC AK CIV 2004-404-6670

Citation

openlaw-055b7541_d188_4215_a9cc_1c8c172f3be7.pdf
Court

High Court

The Court held it has sufficient inherent and supervisory jurisdiction to direct the Registrar to sign the Deed of Family Arrangement as court-appointed agent for the non-consenting beneficiary so the previously approved trust variation can be implemented, subject to service on that beneficiary and a seven day period to apply to set aside the order; the order is to be sealed and the Registrar to sign if no set-aside application is filed within that period.

New Zealand Case Law

FLOW CONTROL LTD v IL FORNO LTD [2021] NZHC 1159

LIN V WESTPAC NEW ZEALAND LIMITED HC AK CIV-2012-404-2893

FM CUSTODIANS LIMITED v E SEREPISOS HC WN CIV-2011-485-279

GUTTENBEIL V SWAN & ORS HC AK CIV 2004-404-6670