26 Sept 2017
The application to rescind was dismissed because it sought, in substance, to re-litigate the judge's core conclusions and amounted to an appeal rather than demonstrating appropriate grounds under r 7.49 (truncated argument, overlooked evidence, material change or special circumstances).
7 Sept 2017
The Court held s249(1) applies: the challenged antecedent decisions are in substance inseparable from the final RPO decision and judicial review is therefore barred until the Tribunal has issued final determinations; the applicant's remedy is an appeal to the Tribunal and, if necessary, an application for leave to seek judicial review after the Tribunal decision; the limitation is a justified restriction under the NZBORA.
16 May 2012
Hansen J properly reviewed the Associate Judge's decision because it was dealt with in chambers under the High Court Rules and the Judicature Act; defects in the bankruptcy notices were cured by s418 of the Insolvency Act absent prejudice; the substantive grounds to set aside the bankruptcy notices lacked merit; the delay, applicant conduct and prejudice to respondent precluded any extension of time to appeal; accordingly special leave to appeal was refused and costs awarded to respondent.