New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Retrospective leave

Legal area

Court

6 May 2020

Complete Construction Ltd v Siemer [2020] NZHC 915

Citation

[2020] NZHC 915
Court

High Court

Recusal refused because no reasonable apprehension of bias existed; the Associate Judge properly addressed the banned litigant issue and referral of the leave question to a High Court Judge was lawful and appropriate, procedural steps taken were within judicial duty, and nothing in the conduct would lead a fair‑minded observer to conclude the Judge could not decide the case on its merits.
25 Sept 2007

SCI FINANCE LTD V BORIS VAN DELDEN AND DENNIS JOHN WOOD (AS LIQUIDATORS OF DIRECT LABOUR SERVICES LTD) HC AK CIV 2007-404-5338

Citation

openlaw-80004a9d_ab2f_4752_885d_936ec534e987.pdf
Court

High Court

Where misnaming is a technical misnomer causing no prejudice and the liquidators were placed on notice as custodians and agents of the company, the Court will grant retrospective leave under s248 and amend the defendant's name so that the proceeding is effective from the original filing date and will grant limited interim relief preventing the caveats from lapsing to allow prompt substantive determination.