New Zealand Case Law: Decisions & Judgments

Topic

Procedural directions

Legal area

Court

12 Jul 2023

SKYCITY ENTERTAINMENT GROUP LTD v MPF PARKING NZ LTD [2023] NZHC 1818

Citation

[2023] NZHC 1818
Court

High Court

Evidence in this Part 18 declaratory proceeding must be given by affidavit; MPF's application to depart from the Part 18 affidavit procedure and to obtain discovery was dismissed because its pleadings failed to identify specific relevant extrinsic issues and discovery was not justified; SkyCity was granted leave to file reply affidavits; pre-trial timetable was set to prepare for a two-day trial in the week of 18 September 2023.
17 Nov 2022

CLOUD OCEAN WATER LIMITED v AOTEAROA WATER ACTION INCORPORATED [2022] NZSC 133

Citation

[2022] NZSC 133
Court

Supreme Court

Leave to appeal was granted because the matter raised whether the Court of Appeal was correct to allow the appeal, a question warranting the Supreme Court's consideration; the appeal was set down for hearing and procedural directions given.
11 Oct 2021

WAIRARAPA MOANA KI POUĀKANI INCORPORATION v MERCURY NZ LIMITED [2021] NZSC 134

Citation

[2021] NZSC 134
Court

Supreme Court

The Court granted the applications for extensions of time and granted leave to appeal because the proposed appeals raised a properly arguable question about the correctness of the High Court's decision (Mercury NZ Ltd v The Waitangi Tribunal [2021] NZHC 654), and it is appropriate that the Supreme Court determine that question; consequential directions were given on fixture and a specific invitation to Mercury to state whether it will pursue a direct appeal on standing before the Waitangi Tribunal.
4 Mar 2021

VINCENT ROSS SIEMER v DEPUTY REGISTRAR OF THE SUPREME COURT OF NEW ZEALAND [2021] NZSC 17

Citation

[2021] NZSC 17
Court

Supreme Court

The application to recall the recall judgment disclosed no proper basis under the established test for recalling judgments (as set out in Craig v Williams) and must therefore be dismissed.
29 Oct 2019

SYNLAIT MILK LIMITED v NEW ZEALAND INDUSTRIAL PARK LIMITED [2019] NZSC 117 [29 October 2019]

Citation

[2019] NZSC 117
Court

Supreme Court

The Court granted leave to appeal, ordered substitution of Synlait Milk Ltd for Stonehill Trustee Ltd by consent, deferred determination of the application to adduce further evidence until the hearing of the appeal, and allowed respondents to file affidavits in response by a specified date.
8 Oct 2019

FMV v TZB [2019] NZSC 108

Citation

[2019] NZSC 108
Court

Supreme Court

The Supreme Court granted leave to appeal and framed an approved question whether the Court of Appeal was correct to dismiss the appeal, holding that the leave question should cover all issues for consideration and directing procedural steps to obtain Employment Authority materials.
26 Jun 2019

BROOKE CHRISTIE ROLLESTON v R [2019] NZSC 61

Citation

[2019] NZSC 61
Court

Supreme Court

The Supreme Court directed that an independent practitioner should interview the jury foreperson to investigate possible jury irregularity, to be conducted on terms to be settled after counsel file a memorandum; statutory provisions s203 and s204 prohibit publication of complainant identifying particulars and must be observed in any inquiry.
5 Feb 2019

GREER v CHIEF EXECUTIVE, DEPARTMENT OF CORRECTIONS [2019] NZHC 65

Citation

[2019] NZHC 65
Court

High Court

The application to recall the earlier judgment and to join the Ombudsman's Office is refused because none of the established grounds for recall are made out, broader discovery is not justified in judicial review, and the proposed joinder is irrelevant to the core legal issues; furthermore the applicant's repeated intemperate language amounts to an abuse of process warranting dismissal of the joinder and refusal of the other relief, while permitting a focused opportunity to file an amended statement of claim within a fixed period.
12 Sept 2018

SIEMER v NEW ZEALAND LAW SOCIETY & OR [2018] NZHC 2400

Citation

[2018] NZHC 2400
Court

High Court

The application was dismissed because the applicant failed to appear at the allocated hearing despite a prior minute indicating the matter would not proceed on the papers; accordingly the Court dismissed the application and awarded costs to the NZLS on a 2B basis.
5 Jun 2018

Beale v Accident Compensation Corporation (Leave to Appeal)

Citation

[2018] NZACC 83
Court

District Court

The application to delay was declined because the respondent's submissions justified refusal and the court must enforce procedural timetables; the court exercised case management to set clear filing deadlines.