14 Aug 2014
HEENAN v ATTORNEY-GENERAL [2014] NZHC 1911
- Citation
- [2014] NZHC 1911
- Court
- High Court
Leave granted because the trial in the District Court proceeded as an action on a cheque that, if the date was altered without the drawer's assent, may have been void under s 64 Bills of Exchange Act 1908; that error of law and the procedural truncation of a full merits inquiry meant Heenan did not receive a just trial and the fraud allegation had not been finally and exhaustively determined between the parties, so conditional leave to apply to set aside the judgment and to commence proceedings was justified.