9 Jun 2022
The Court lacks jurisdiction to accept an appeal filed more than 60 working days after notice of the Tribunal decision because s 116A of the Real Estate Agents Act 2008 sets an absolute outer time limit; accordingly the application for leave to appeal out of time was dismissed and an amendment to challenge a different Tribunal minute was not permitted.
3 Feb 2020
The court exercised its discretion under s91 to keep the entire proceeding in the District Court: the issues are within District Court competence, the claims and counterclaims are closely linked but competing considerations (substantial delay and prejudice to the plaintiff if transferred, likely earlier hearing in District Court, proportionality and complexity if linked to Auckland High Court proceeding) outweighed reasons for transfer, so the application to transfer was refused and the matter remains in the Whangarei District Court.
17 Apr 2015
The application for a stay of enforcement under r 17.29 was dismissed because the applicant failed to demonstrate that enforcement would likely cause a substantial miscarriage of justice; the proposed recall of the Supreme Court judgment was unlikely to succeed, relevant recall grounds did not fit the narrow categories, the Official Assignee had no interest in the costs awards, and undue delay and past indulgence weighed against granting a stay.
13 Sept 2010
Transfer the entire proceeding to the High Court because the defendant's quantified counterclaim exceeds District Court jurisdiction by a substantial margin, the legal issues raise some complexity, the claim and counterclaim are inextricably linked such that separate hearings would duplicate issues and costs, and transfer would not cause undue delay.