New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Medical examination orders

Legal area

Court

12 Aug 2021

GILL v B & E GILL TRUSTEE LTD [2021] NZHC 2102

Citation

[2021] NZHC 2102
Court

High Court

Section 44 is not restricted to assessment of a party's strictly current mental condition and can encompass assessment of past mental capacity where that past condition is relevant; Edna's mental capacity in mid-2020 was relevant to the validity of trustee changes and, balancing privacy and justice, the court exercised its discretion to order a s 44 medical examination by a geriatrician subject to specified protective conditions.
19 Dec 2014

CARRINGTON v CARRINGTON [2014] NZHC 3388

Citation

[2014] NZHC 3388
Court

High Court

The High Court struck out the originating application for want of jurisdiction, holding primary jurisdiction lay with the Family Court; costs of individual interlocutory applications awarded to successful parties unless good reason otherwise; general case management/discovery costs held to be wasted and awarded against the unsuccessful applicant (Mrs Carrington) with a 25% uplift to reflect wasted costs; specific uplift and indemnity orders awarded only where threshold met (strike out application awarded 50% uplift to respondent; indemnity costs not awarded generally for post-1 February disco…