New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Jurisdiction to grant interim relief

  • 7 Nov 2023

    CFGC FOREST MANAGERS (NZ) v THE SHIP “ACHILLES BULKER” [2023] NZHC 3130

    Citation
    [2023] NZHC 3130
    Court
    High Court

    The Court held it did not have jurisdiction under art 17(d) to grant the inspection rights sought (which would effectively confer a right to inspect items) but had jurisdiction to order items remain in New Zealand; however, absent evidence that SEA was likely to destroy or conceal evidence and given SEA's consent to earlier preservation orders, the balance of convenience did not favour further Court intrusion and the additional interim measures were refused.

    • Loss of rudder
    • Preservation of evidence
    • Interim measures
    • Ship arrest
    • Stay to arbitration
    • Inspection orders

  • 21 Sept 2023

    FOUNDATION VILLAGE LIMITED v GROWING SPACES LIMITED (Application for an interim injunction) [2023] NZHC 2638

    Citation
    [2023] NZHC 2638
    Court
    High Court

    Schedule 1 of the Arbitration Act governs interim injunctions of the type sought; arts 9 and 17 limit court intervention to specified interim measures and exclude residual powers. The plaintiffs' application fell within the topic regulated by Schedule 1 and would undermine the arbitrator's jurisdiction; accordingly the High Court had no jurisdiction to grant the orders and the application was declined.

    • Jurisdiction to grant interim relief
    • Interim measures under arbitration act
    • Arbitration clause effect
    • Title to goods
    • Security interests

  • 30 Mar 2021

    BERGE BULK SHIPPING PTE LTD v TPT SHIPPING LTD [2021] NZHC 670

    Citation
    [2021] NZHC 670
    Court
    High Court

    The Court held the interlocutory application was of average complexity for counsel experienced in shipping law (Category 2), time band B was appropriate for all steps, no uplift was justified because the respondent was entitled to contest jurisdiction, and disbursements for initial statement of claim filing fees are not recoverable at this interlocutory stage; accordingly costs were awarded to the applicant on a 2B basis with disbursements as indicated.

    • Letter of indemnity
    • Ship arrest
    • Jurisdiction to grant interim relief
    • Costs categorisation and assessment
    • Time bands and disbursements

  • 1 Aug 2012

    INDEPENDENT FISHERIES LIMITED V THE MINISTER FOR CANTERBURY EARTHQUAKE RECOVERY HC CHCH CIV-2012-409-000500

    Citation
    openlaw-9762bfe9_b9f3_4570_ac52_ec08d426902a.pdf
    Court
    High Court

    The Court has no jurisdiction to grant a stay or other interim relief that would have the effect of reinstating or preserving provisions or decisions the Court has set aside as unlawful; Willowford applies and the authorities relied upon by the respondents are distinguishable, so the application for stay is dismissed.

    • Stay pending appeal
    • Declaration of invalidity
    • Quashing of decision
    • Jurisdiction to grant interim relief
    • Inherent jurisdiction