New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Waiver of procedural requirements

Legal area

Court

9 Apr 2019

NATIONAL INSTITUTE OF WATER AND ATMOSPHERIC RESEARCH LTD v THE TRUSTEES OF THE SHALLARD FAMILY (NO 2) TRUST [2019] NZHC 749

Citation

[2019] NZHC 749
Court

High Court

The Court exercised its discretion under rr 1.5 and 1.9 to waive strict compliance with r 5.6 given the settlement terms authorising an escrowed copy, acceptance of service, and the absence of any defence; the electronically filed executed Notice was therefore effective under r 15.16 and entitled the plaintiff to judgment for the admitted debt plus contractual interest recoverable under s 22 of the Interest on Money Claims Act 2016.
7 Apr 2014

LISTER v PARKER [2014] NZHC 689

Citation

[2014] NZHC 689
Court

High Court

The application for review was dismissed because the impugned direction to return the proceeding was a judicial direction, not a decision of the Registrar subject to review; the notice of proceeding requirement under r 5.22 was not waived and an application for directions under r 18.7 was required, therefore the proceedings were properly returned and there was no Registrar decision to review.