New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Conditional adjournment

Legal area

Court

1 Apr 2009

VERO INSURANCE LIMITED (ABN 48 005 297 807) V THOMAS AND ANOR HC HAM CIV 2008-419-001121

Citation

openlaw-598fa204_ea7a_42cf_8019_80d4a344bcad.pdf
Court

High Court

Where a caveator relies on an unregistered agreement the caveator must provide an admissible evidentiary foundation for that agreement; in the absence of proper evidence of the deposit bond applications the court will not order the caveat to be maintained outright but will adjourn the application conditionally to permit the caveator to cure evidentiary defects (file witness affidavit and originals and commence substantive proceedings); failure to satisfy the conditions will result in refusal and removal of the caveat.
6 Dec 2007

LEVIN AND JORDAN V ROBERTSON HC AK CIV 2006-404-6618

Citation

openlaw-69a7a93b_3519_4157_8228_7eb9a2a79199.pdf
Court

High Court

The conditional adjournment requiring CMNL to pay $30,000 into Court was lawful and proportionate; CMNL was given an adequate opportunity to be heard and elected not to be further represented, then failed to comply with the strict payment condition and is therefore debarred from defending the third party claim. There is no jurisdictional basis under rr 259, 469 or r542(3) to recall the order on the facts and, even if jurisdiction existed, discretionary relief would be refused given CMNL's conduct and the risk of uncommercial proceedings.