New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Pre-emptive strike

Legal area

Court

17 Jul 2017

BODY CORPORATE 207650 v SPECK [2017] NZHC 1636

Citation

[2017] NZHC 1636
Court

High Court

The court held the respondents' interlocutory challenge was a pre-emptive attack on valid levies approved to fund work within the court‑approved s74 remediation scheme; accordingly, applying s124(2) and relevant authorities (Black, Gilbert, Butcher) indemnity (solicitor/client) costs and necessary disbursements including expert fees were appropriate and the respondents were ordered jointly and severally to pay the body corporate's reasonable solicitor/client costs and reasonable disbursements, quantum to be agreed or taxed.
10 Mar 2017

R v WAIPOURI [2017] NZHC 402

Citation

[2017] NZHC 402
Court

High Court

On the facts taken most favourably to the accused no properly directed jury could reasonably find that the accused faced an imminent life-threatening danger or that lethal force was a reasonable response; the victim was restrained, unarmed and incapacitated, the accused had alternative courses open and his own evidence showed lack of immediacy, therefore self-defence was withdrawn as a matter of law.