New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Collateral attack on judgment

Legal area

Court

12 Aug 2022

STALIX PROPERTY LIMITED v WU [2022] NZHC 2006

Citation

[2022] NZHC 2006
Court

High Court

The stay was refused because the possession order was the inevitable consequence of prior final judgments and a court-ordered sale; the proposed appeal amounted to a collateral attack lacking merit and did not raise new substantive points; alleged procedural or intituling irregularities do not invalidate the prior judgments under the High Court Rules, and purchasers who bought in good faith from the Registrar obtain title not impeached by those issues.
11 Feb 2011

SCOTT V MILLER HC GIS civ 2009-416-236

Citation

openlaw-bfab84ab_265c_4e08_b6b5_f3db58347aaf.pdf
Court

High Court

Although the non‑paternity application was a collateral challenge to an extant 1990 High Court paternity declaration and had little prospect of success, the court would not find on the evidence that the applicant had acted vexatiously or very unreasonably to justify indemnity costs; however the applicant had pursued an argument with little prospect of success over 18 months and an uplift of 50% to standard 2B costs was justified under High Court Rules r14.6(3).