New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Transfer under judicature act s26n

  • 13 Jul 2010

    BODY CORPORATE 183059 & ORS V AUCKLAND CITY COUNCIL & ORS HC AK CIV-2007-404-2110

    Citation
    openlaw-2be9d675_951a_4fac_b724_ac2a7ae53a9a.pdf
    Court
    High Court

    The Court classified the proceedings as Category 3 under r14.3 because of the number of parties, the multiplicity and difficulty of factual and legal issues and the significance of the claims; the Court found plaintiffs had incurred substantial and reasonably necessary costs opposing the first defendant's discontinued summary judgment/strike out application and was entitled to an increased costs award under r14.6, ordering the uplift sought ($47,400).

    • Weathertightness
    • Summary judgment
    • Costs categorisation
    • Increased costs under high court rules r14.6
    • Transfer under judicature act s26n

  • 3 Nov 2009

    REDCLIFFE FORESTRY VENTURE AND ORS V COMMISSIONER OF INLAND REVENUE HC AK CIV 2009-404-005991

    Citation
    openlaw-ac060de7_bb7e_439c_8dca_243ba3cbb0c6.pdf
    Court
    High Court

    Because the proceedings are complex, have a significant appellate history and because hearing by an Associate Judge would introduce an additional review layer under s26P, the Court transferred the interlocutory jurisdiction challenge to a Judge under s26N and referred the file to the Civil List Judge for assignment.

    • Setting aside judgment
    • Jurisdiction challenge
    • Assignment of judge
    • Transfer under judicature act s26n
    • Case management