New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Claim of prior arbitration

Legal area

Court

22 Apr 2010

TEA CUSTODIANS (BLUESTONE) LIMITED V A PERSON OR PERSONS UNKNOWN HC AK CIV 2010-404-000086

Citation

openlaw-2d57fb60_8d0d_4224_b7e4_b05b87847e5e.pdf
Court

High Court

Defendants failed to prove any prior arbitration or lawful authority for documents purportedly issued by a self-styled Justice of the Peace; such documents have no legal effect to extinguish the plaintiff's debt or prevent the Court granting vacant possession, therefore the plaintiff's application for vacant possession succeeds.
18 Mar 2010

TEA CUSTODIANS (BLUESTONE) LIMITED V A PERSON OR PERSONS UNKNOWN OCCUPYING A PROPERTY AT 15 OAKLEIGH AVENUE, TAKANINI HC AK CIV 2010-404-000086

Citation

openlaw-36092c41_fc75_4cae_b227_853d4e515654.pdf
Court

High Court

The plaintiff established the factual and procedural foundation required by High Court Rules Part 13 for summary possession and service was effective; the defendants' protest to jurisdiction was unfounded and set aside because the Court will not cede jurisdiction over land with a registered title; however, the defendants' assertion of a prior arbitration raised an evidentiary issue warranting a limited adjournment to allow proof, after which final determination will be made.