New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Leave to file affidavits out of time
  • 18 Oct 2012

    JN V LCF HC NWP CIV 2012-443-459

    Citation
    openlaw-887d14c8_4066_434d_9c0f_012cd9ca7cb3.pdf
    Court
    High Court

    The Family Court Judge erred in deciding an on-notice interlocutory application without holding a hearing or otherwise hearing from the appellant in the absence of unequivocal agreement to deal with the matter on the papers; the decision refusing leave is set aside and the matter is remitted for a hearing.

    • Leave to file affidavits out of time
    • Interlocutory application procedure
    • Hearing on the papers vs oral hearing
    • Case management and timetabling