New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Remission to lower court

  • 22 Feb 2021

    MATHIAS ORTMANN v UNITED STATES OF AMERICA [2021] NZSC 9

    Citation
    [2021] NZSC 9
    Court
    Supreme Court

    The Supreme Court remitted the judicial review appeals to the Court of Appeal because key parties (Mr Dotcom and the United States) opposed this Court resolving the outstanding issues and remission allows the Court of Appeal to identify and resolve the outstanding issues and produce a reasoned decision subject to any further appeal.

    • Abuse of process
    • Remission to lower court
    • Identification of outstanding issues
    • Leave to appeal
    • Case stated appeals

  • 30 Apr 2012

    KIPLING AND WHITE AND WHITE V VAN KAN AND WILHELMINA VAN KAN SEEGERS COA CA130/2011

    Citation
    COA CA130/2011
    Court
    Court of Appeal

    The Court of Appeal held there were real and material conflicts in the evidence about whether the landlords represented (or by silence led to belief) that the tenant could use the adjacent right-of-way and land for parking/workspace, and whether loss of that use substantially reduced or altered the benefit of the lease; there were also unresolved issues on affirmation and possible Fair Trading Act liability; accordingly summary judgment for the full claimed sum could not stand, summary judgment was entered only for the undisputed shortfall of NZD 4,046.60, and the remainder was remitted for t…

    • Misrepresentation
    • Misleading or deceptive conduct
    • Affirmation/election to affirm
    • Guarantee liability
    • Remission to lower court

  • 19 Dec 2008

    MACLAURIN V HEXTON HOLDINGS LTD CA CA212/07

    Citation
    openlaw-f5356440_ac84_4468_bd81_3f2586fcab86.pdf
    Court
    Court of Appeal

    The High Court erred by treating a mere right to apply for a resource consent or a resource consent under appeal as an operative 'right' for s 129B; only existing uses and operative rights/consents count for determining reasonable access; on the facts Hexton's land is not landlocked for its existing uses and the s 129B claim must be dismissed, quashing the High Court orders.

    • Landlocked land
    • Reasonable access
    • S 129b property law act 1952
    • Resource consent effect
    • Remission to lower court