30 Oct 2015
Where extrinsic evidence establishes the moment actual notice was given and the form of the notice complies with statutory requirements, time for filing runs from that actual receipt rather than the statutory deemed date; applying that rule the application was filed out of time and must be dismissed.
11 Mar 2009
The Court declared ANZN/INGNZ validly terminated both the National Bank and ANZ agency agreements effective 1 March 2009 (ANZ termination complied with clause 29; National Bank clause required service to contractual address but Tower's public Stock Exchange announcement and conduct estopped Tower from denying valid service). However, on proper construction of the agreements and deeds of novation Tower, as underwriter/principal, retained the contractual right to renew ANZN-branded policies post-termination (clauses 10.6.2, 10.7 and 17.8 together with deed wording permitting 'ongoing maintenanc…
6 Jun 2003
Because the Registry demonstrated repeated and reasonable efforts to obtain submissions and contact the appellant and the appellant failed to prosecute the appeal or respond, the appeal was properly struck out for want of prosecution.