New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Service of judgment

Legal area

Court

30 Oct 2023

BODY CORPORATE 23599 v HAMRICH [2023] NZHC 3023

Citation

[2023] NZHC 3023
Court

High Court

The Court granted the charging order without notice because the application sufficiently fell within the ‘‘routine matter’’ exception in r7.46(3) High Court Rules 2016 given the existing sealed judgment for unpaid levies and the Unit Titles Act framework, and although service evidence was imperfect the judgment stood under s205 Unit Titles Act 2010; on balance the draconian effect was justified in the circumstances and the draft order was made.
26 Apr 2016

BODY CORPORATE 324525 v BUTCHER [2016] NZHC 887

Citation

[2016] NZHC 887
Court

High Court

The bankruptcy notice was not invalidated by omission to attach the sealed order because the omission did not prejudice the debtor and s 418 permits continuation; three working days for payment was not unreasonable in context; the creditor was entitled to issue the notice where costs fixed and unpaid; the costs claimed in the notice were excessive and must be reduced and partly remain to be fixed, and the application to set aside was dismissed with the notice upheld and continuing from date of service.