New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Judicial appointment challenge

Legal area

Court

6 Oct 2014

MATHIESEN v HODGES [2014] NZHC 2448

Citation

[2014] NZHC 2448
Court

High Court

The proceeding was dismissed because contempt (civil or criminal) is not the proper mechanism to mount a collateral attack on a bankruptcy adjudication or on the validity of Family Court orders and associated procedural documents; the law provides specific remedies (appeal and annulment under s 309 Insolvency Act 2006) and the present claim was an abuse of process. Costs were awarded against the plaintiffs for commencing and continuing these misguided proceedings.
4 May 2010

JAMES ROBERT REID V THE GOVERNOR-GENERAL OF NEW ZEALAND AND ORS HC WN CIV 2009-485-1634

Citation

openlaw-e31da865_70a9_4565_8f79_5cae07c00246.pdf
Court

High Court

The proceedings were struck out because, after the Registrar lawfully refused a waiver, regulation 8(3) prohibited the applicant from taking any step until the filing fee was paid; the applicant's continued failure and refusal to pay and to comply with directions constituted an abuse of process justifying strike out and an award of costs to the respondents on a 2B basis; the pendency of the underlying District Court hearing further undermined the relief sought.