New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Collateral attack on final judgments

Legal area

Court

13 Oct 2011

SLAVICH V LEGAL COMPLAINTS REVIEW OFFICER HC AK CIV-2010-404-3604

Citation

openlaw-638d56c7_60d4_4f6d_b8db_490d5c355989.pdf
Court

High Court

The application alleging counsel's contempt is dismissed for lack of foundation and as an abuse of process constituting an impermissible collateral attack on prior final judgments; subpoenas issued by the applicant are set aside as improper while the proceeding is stayed; costs are awarded to the second respondent on a 2B basis; the security for costs order of 16 December 2010 and the stay of proceedings continue in force.
6 Nov 2008

KORDA MENTHA & ANOR V SIEMER HC AK CIV 2007-404-007665

Citation

openlaw-a1b3a503_5d89_4615_9809_aad29a5d6523.pdf
Court

High Court

Jurisdictional requirements under s23 were met; the debtor failed to provide credible evidence of ability to pay and failed to establish a genuine triable set-off or a properly pleaded and pending proceeding to set aside the underlying judgments for fraud; collateral attack in the bankruptcy forum was inappropriate and there was no basis to stay the petition under s26(5) or (7); public interest favoured adjudication, therefore the debtor was adjudicated bankrupt.