31 Mar 2022
ROBINSON v ASB BANK LIMITED [2022] NZHC 627
- Citation
- [2022] NZHC 627
- Court
- High Court
The application to annul was dismissed because the applicants' grounds challenged the exercise of the adjudicating judge's discretion (matters properly assessed under s 37) rather than exposing a jurisdictional defect under s 13; courts construe s 309(1)(a) narrowly and exercise it sparingly; even if annulment were arguable, the applicants' delay and finality considerations weigh against granting relief; additionally, the Official Assignee's disclaimer of the litigation constituted a disposition or an act duly done that prevents revesting of those litigation rights under s 311(2).