9 Aug 2022
CAREY’S BAY MARINE SERVICES LIMITED v ELWING DISCOVERIES LIMITED [2022] NZHC 1930
- Citation
- [2022] NZHC 1930
- Court
- High Court
The Transfer Direction was invalid because respondents had not abandoned the part of their claim exceeding $30,000 before transfer; accordingly the District Court lacked power under s37 to transfer the proceeding as it then stood. The Court may, however, impose conditions and reserve costs/security; on rehearing transfer is appropriate only if respondents file a clear notice of abandonment and all District Court costs and the disposition of the security sum are reserved to that Court.