15 Jul 2022
Because personal delivery to the judgment debtor's husband was no longer practicable and email service to the husband and direct email to the debtor and her solicitor was likely effective and caused no prejudice, the Court under r 7.50(2) properly varied the prior substituted service order to permit email service in substitution for personal delivery.
7 Apr 2022
The Court held the High Court erred in principle by authorising payment of the respondent's litigation expenses from the balance of an interim payment ordered under r 7.71 because such payments are for the protection of the plaintiff and the interim fund is, subject to conditions, the plaintiff's; the respondent's asserted impecuniosity was insufficiently established and the application to use those funds constituted an improper redistribution and collateral attack on prior appellate orders; accordingly the order permitting the respondent to draw on the interim payment was discharged and the…
12 Feb 2021
The application to vary earlier orders is declined because the plaintiffs' application is procedurally flawed and unsupported by sworn evidence, falls outside the limited leave previously reserved, the alleged executor misconduct is a matter for separate trustee breach proceedings, and the court is functus officio with no applicable statutory power (s 12 FPA) to grant the relief sought.
5 Jun 2020
Given the COVID-19 disruption, the uncertain payment position across the 22 specified leases, the commercial imperative to facilitate a sale of the franchised business as a going concern for creditors' benefit, and landlords' retained rights to terminate, the Court exercised its discretion under s 32 to excuse the applicants from personal liability for rent and other payments under those leases for the period in question and dispensed with prior service due to urgency.
3 Mar 2017
The Court held that it retains jurisdiction under s48(6) to vary a previously approved s48 scheme even where the scheme contains an arbitration clause because arbitrators appointed under the scheme cannot vary court orders; the scheme must be made consistent with the Unit Titles Act policy allocating common property costs by unit entitlement and, on the facts, Manchester must pay common property costs according to its 11.88% entitlement and make a provisional payment of NZD 321,264.79 plus GST subject to adjustment.
7 Jul 2015
The Family Court Judge either acted ultra vires by purporting to 'interpret' an existing order or, if viewed as varying the order, did so in a procedurally irregular manner by determining a disputed term after a settlement conference without directing a hearing or directions conference under r 416Y and without giving reasons; this breached natural justice and caused prejudice, so the appeal is allowed and the matter is remitted to the Family Court for rehearing in accordance with the Act and Rules.
25 Nov 2011
On the evidence most occupants were casual or service occupants tied to employment and not tenants or service tenants under the Residential Tenancies Act; Ms Johnson was a service occupant (manager) not a tenant or service tenant; Mr Smith was a casual occupier not covered by the Act; White J's order must be varied to permit the Tenancy Tribunal to determine, on application by any occupant, whether any occupant is a tenant or service tenant; Heath J's interim injunction is lifted.
8 Jul 2009
The Court refused to vary the freezing order because the applicant established a good arguable case of knowing receipt against the third respondent and variation would result in dissipation of frozen assets; therefore the freezing order was not shown to be wrong and must stand.