New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Substitution of defendant

Legal area

Court

22 Feb 2016

MACKENZIE V THE ATTORNEY-GENERAL [2016] NZCA 24

Citation

[2016] NZCA 24
Court

Court of Appeal

Application for special leave was declined because the proposed appeal raised no arguable point of law: the claim was statute-barred (time ran from removal on 2 October 1987 or at the latest from 21 March 2005 when claimant was informed), CHFA's refusal did not amount to fraudulent concealment under s 28(b), Crown Law could not be sued in the manner proposed and any fresh causes of action would be time-barred under r 7.77(2).
26 Oct 2006

GENERAL DISTRIBUTORS V MANUKAU DISTRICT COURT HC AK CIV-2005-404-6263

Citation

openlaw-d2b48e8d_6969_4403_8d63_3bd9189e5335.pdf
Court

High Court

s43A of the Summary Proceedings Act must be read purposively and authorises the Court to amend an information by substituting the particulars of a defendant, including substitution of a different legal person where the particulars do not correctly identify the person who committed the offence; the 12 month limit in s43A(3) contemplates such substitutions and prevents circumvention only where amendment would cause prejudice; s55(3) HSEA is narrower and allows only correction of the actual name of the same defendant, not substitution of a different defendant; on the facts the District Court val…