New Zealand Case Law: Decisions & Judgments

Topic

Sealing of judgments

Legal area

Court

6 Oct 2021

THE ESTATE OF MICHAEL DAVID KIDD by its administrator BRYAN JOHN COOPER v VAN HEEREN [2021] NZHC 2661

Citation

[2021] NZHC 2661
Court

High Court

The court held the registry transfer request made before the judgment was sealed constituted a 'step on a judgment' requiring prior leave and was therefore impermissible, and that communications with the court/registry that make representations on procedure or substance must be copied or advised to other parties so the unilateral transfer without notice breached the court's processes; consequently the applicant is entitled to interlocutory relief and further orders against the funder require a separate hearing; a partly redacted funding negotiation document is subject to privilege and need no…
6 Mar 2020

NARESH v NEW ZEALAND TRANSPORT AGENCY [2020] NZHC 422

Citation

[2020] NZHC 422
Court

High Court

The applicant failed to establish deliberate and dishonest conduct amounting to fraud; at most there were numerical discrepancies which did not demonstrate intent to mislead, the matters complained of were previously before the courts, and the application constituted an abuse of process and was struck out; costs were awarded to the respondent on a 2B basis.
14 May 2019

WOOLF v KAYE [2019] NZHC 1046

Citation

[2019] NZHC 1046
Court

High Court

Because the parties had settled and jointly consented, the court lifted the stay that had been ordered pending appeal and permitted sealing of the prior substantive judgment and the costs order.
18 Dec 2015

RICHARD JOHN CRESER v JANINE MICHELLE CRESER AND MARION NGAIRE CRESER (AS TRUSTEES AND EXECUTORS OF THE ESTATE OF JESSE JOY CRESER) [2015] NZSC 194

Citation

[2015] NZSC 194
Court

Supreme Court

The Supreme Court refused leave: the Registrar was entitled to reject documents invoking a jurisdiction the Court does not have and had jurisdiction under r 8 to address alleged clerical errors in the sealed judgment; the matters raised did not raise a point of general or public importance nor a miscarriage of justice and the applicant's challenge to the sealed judgment had been fully considered and dismissed by the Court of Appeal.
23 Oct 2012

N T H DOUGLAS & ORS V THE COMMISSIONER OF INLAND REVENUE COA CA490/2011

Citation

COA CA490/2011
Court

Court of Appeal

The February 2009 judgment did not intend to give appellants a right to respond to the Commissioner’s affidavits before judgments were sealed; the filing and service requirement was a procedural courtesy to annex the cases stated so sealed judgments reflected the amended assessments; failure to serve prior to sealing made no difference to appellants’ rights; accordingly the appeal against refusal to invoke the slip rule is dismissed.
8 Jul 2011

DOUGLAS & ORS V COMMISSIONER OF INLAND REVENUE HC AK CIV-2003-404-006359

Citation

openlaw-68501e7e_1d60_4f41_ac8e_0e4f44a6001d.pdf
Court

High Court

The Court held that the Registry's premature sealing was not a clerical mistake or accidental slip correctable under r 11.10, that the sealing did not produce a result contrary to the Court's intention, and that taxpayers had no entitlement to further responsive affidavits; accordingly the application to set aside the sealed judgments was refused.
1 Jul 2008

WANG V MEREDITH CONNELL AND ANOR HC AK CIV 2007-404-006619

Citation

openlaw-591301ee_a09d_409e_99c4_191622518985.pdf
Court

High Court

The Court held the adjudication on 23 December 2004 was effective from the Court order date under s28 despite the Registrar's failure to give s29 notice or delay in sealing; causes of action vested in the Official Assignee under s42, so the bankrupt lacked standing to sue the first defendant, and the claim against the Official Assignee failed on its merits because no duty of care to the bankrupt or legally cognisable loss to him was shown; the statement of claim was struck out.

New Zealand Case Law

THE ESTATE OF MICHAEL DAVID KIDD by its administrator BRYAN JOHN COOPER v VAN HEEREN [2021] NZHC 2661

NARESH v NEW ZEALAND TRANSPORT AGENCY [2020] NZHC 422

WOOLF v KAYE [2019] NZHC 1046

RICHARD JOHN CRESER v JANINE MICHELLE CRESER AND MARION NGAIRE CRESER (AS TRUSTEES AND EXECUTORS OF THE ESTATE OF JESSE JOY CRESER) [2015] NZSC 194

N T H DOUGLAS & ORS V THE COMMISSIONER OF INLAND REVENUE COA CA490/2011

DOUGLAS & ORS V COMMISSIONER OF INLAND REVENUE HC AK CIV-2003-404-006359

WANG V MEREDITH CONNELL AND ANOR HC AK CIV 2007-404-006619