New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Jurisdictional review

Legal area

Court

16 May 2016

COMMISSIONER OF INLAND REVENUE v FALOON [2016] NZHC 990

Citation

[2016] NZHC 990
Court

High Court

Section 61 and the statutory scheme of the Insolvency Act require that challenges to an adjudication proceed by appeal to the Court of Appeal; there is no jurisdiction under s 414(1) for the High Court to review its own order adjudging bankruptcy, and the Deputy Registrars were correct to refuse filing appeal documents in the High Court.
4 Sept 2015

CRESER v CRESER [2015] NZCA 416

Citation

[2015] NZCA 416
Court

Court of Appeal

The application is dismissed because the Court is not satisfied a Judge has jurisdiction to review the Registrar's decision and, on the assumption jurisdiction exists, the Registrar did not err: the lodged documents did not constitute an application or appeal under the Court of Appeal (Civil) Rules 2005, and the Registrar lacks power to amend the Court's formal 8 October 2003 decision.