New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Proof of service

Legal area

Court

17 Nov 2008

OTAGO PROPERTY HOLDINGS LIMITED V FENDAL FINANCE LIMITED HC CHCH CIV 2008-409-002244

Citation

openlaw-4c2219fd_3e59_4669_b9e1_37ca38ff904a.pdf
Court

High Court

The application was granted because proof of service and a deposition were on file demonstrating that the applicant either did not owe the money or that any debt was not yet due, and there was no notice of opposition or affidavit to the contrary.
11 Sept 2006

PAUL DANIEL BICKNELL V TAURANGA DISTRICT COURT AND ANOR CA CA234/05

Citation

openlaw-06c05f15_4f94_4942_b196_743815152b28.pdf
Court

Court of Appeal

Because the notices containing the trial date were not served personally by a court officer or constable as required by s 181(3), and no competent proof of such service was produced as required by s 181(4), the District Court Judge correctly declined to issue warrants under the empowering statute; strict compliance with the statutory prerequisites was required before exercising the power to issue arrest warrants.