4 Dec 2018
The recall application was declined because, having been granted leave to appeal, the Court properly conducted a full rehearing that necessarily examined whether ss45 and 46 could sustain the appellants' defences; no new authority or procedural defect justified recall and the costs award following the event on a band A basis was appropriate.
16 Sept 2016
The Court has jurisdiction under s269 to vest disclaimed property in a person who has suffered loss as a result of the disclaimer; the Timaru District Council suffered loss by being unable to collect rates and enforce regulatory remedies, the land and physical property were disclaimed simultaneously, and it is just in the public interest to vest the land and all physical property located thereon in the Council to enable remediation, so the vesting order is granted.
22 Dec 2014
The Court held there was no genuine and substantial dispute: service of the rates invoice was proper under s 136; making a statutory demand does not constitute commencement of court proceedings for s 63 purposes; the liquidation application was not a proceeding to recover rates as a debt; Forest Trustee was the registered proprietor and ratepayer and therefore liable for the unpaid rates; failure to comply with the statutory demand gave rise to the presumption of insolvency warranting liquidation proceedings.
22 Oct 2014
The parties reached a binding settlement recorded at hearing; the court entered judgment by consent for the plaintiff in respect of rates and penalties in the sum of $184,646.05, awarded costs of $15,353.95, and dismissed the defendant's counterclaims because they did not prevent entry of the consent judgment.
25 Feb 2014
Leave to appeal out of time was refused because the applicant offered insufficient reason for delay, the appeal lacked arguable merit on the key issues (no valid offer and acceptance and baseless sovereignty challenge), there was no sufficient public or private interest to justify further appeal, and allowing extension would not be in the interests of justice.
16 Dec 2013
The trustees' reliance on the Bills of Exchange Act to reduce statutory rates to $1 and to effect payment by a $1 postage stamp was legally ineffective; rates demands are not negotiable instruments and WDC's silence did not amount to acceptance of settlement. Consequently the NRC was entitled under s244 PLA to cancel the lease and be granted possession; the Trust's injunction application lacked merit and was dismissed; costs awarded to NRC on a 2B basis.
18 Nov 2013
The judicial review was dismissed because the District Court Judge properly exercised discretion in refusing leave for a belated interlocutory application once the matter was set down, there was adequate notice and no prejudice justifying adjournment, the evidence supported entry of judgment for unpaid rates, and allegations of conspiracy or fraud were unsubstantiated and irrelevant to the review.
17 Jul 2013
The returned invoice did not constitute a bill of exchange because it failed to identify the drawee and payee with the required certainty; the stamped wording and stamps did not create a clear offer capable of acceptance; silence by the Council did not amount to acceptance; accordingly the claim to recover amounts paid by the mortgagee failed and the appeal is dismissed.
25 Mar 2009
Defendants failed to show an arguable defence or that they satisfy the cash flow test of solvency; the accountant's letter was insufficient, the statutory rating charge did not substitute for security satisfactory to the creditor under s289(2)(d), and on balance of prejudice and justice the court dismissed the extension application and adjourned liquidation to allow a short final opportunity to pay.