10 Oct 2013
JIN v NORTH SHORE DISTRICT COURT CA168/2013 [2013] NZCA 475
- Citation
- [2013] NZCA 475
- Court
- Court of Appeal
A District Court judge may change the mode of trial under r1.13 and implied jurisdiction where circumstances make the initial allocation inappropriate; the requirement to hold a judicial settlement conference was satisfied in substance and was not compelled where respondents would not attend; unless orders are lawful and permissible by importing High Court Rules enforcement powers; the appellant's judicial review was unnecessary and vexatious in light of available appeal and case management options; accordingly the appeal is dismissed and indemnity costs awarded to the respondents.