New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Jurisdictional defects

Legal area

Court

9 Nov 2021

JDN LIMITED v ABDUL-JABBAR [2021] NZHC 3021

Citation

[2021] NZHC 3021
Court

High Court

The original summons to debtor was validly issued and served supported by the filed creditor's application and affidavit; subsequently issued replacement documents did not render the proceeding a nullity; the debtor had notice and failed to appear on the first call or to inquire after the adjournment, therefore the adjudication order should not be annulled under s 309(1)(a).
14 Nov 2008

PITA FIFITA SIOLA'A V WELLINGTON DISTRICT COURT AND ANOR CA CA116/2008

Citation

openlaw-29b1bf1d_2ab5_472f_8e6a_7583d2d4e974.pdf
Court

Court of Appeal

s162(2) of the IPRC Act unambiguously requires an application for leave to be filed within 21 days of the District Court decision; s71A(4) does not govern ACC appeals and cannot override that specific provision; s3 of the Inferior Courts Procedure Act can cure jurisdictional irregularities but ACC did not waive or acquiesce because it did not know of the late filing until April 2007 and protested immediately; therefore the leave application was out of time and the appeal is dismissed.