9 Jul 2009
RICHARD SYDNEY FINCHAM V THE DISTRICT COURT AT LOWER HUTT AND ANOR HC WN CIV 2009-485-676
- Citation
- openlaw-f61bb88c_f824_450e_8e6b_e1be509a43d7.pdf
- Court
- High Court
It was an error of law for the District Court to treat the Family Violence Court Practice Note time limits as a relevant legal standard for undue delay under s25(b); undue delay must be assessed by established factors (Morin) and, absent credible evidence that a fair trial is impossible, the appropriate remedy is ordinarily a declaration of breach and consideration of lesser remedies rather than an immediate stay.