New Zealand Case Law: Decisions & Judgments

Topic

Service of proceedings

Legal area

Court

6 Sept 2023

PTW HOLDINGS LTD v HOVELL [2023] NZHC 2503

Citation

[2023] NZHC 2503
Court

High Court

Because the plaintiff made reasonable efforts at personal service, the defendant had knowledge of the proceeding and regularly corresponded by email, and further personal service was likely to fail, the court properly dispensed with personal service and ordered substituted service by email (with documents also left at the defendant's residence); service is to be deemed effective two working days after completion of those steps.
5 Sept 2023

Re Cain [2023] NZHC 2471

Citation

[2023] NZHC 2471
Court

High Court

The court was satisfied under s 19(2) of the Administration Act 1969 that it was necessary and expedient to appoint the applicant as sole executor because the co-executor failed to engage, to renounce, and took no steps after being served; accordingly probate was granted to the applicant alone and costs awarded on a 1A basis.
18 Aug 2023

PUBLIC TRUST v ANDREWS [2023] NZHC 2245

Citation

[2023] NZHC 2245
Court

High Court

Because proceedings touching the validity of the will were pending, it was necessary to preserve and manage estate assets (including vacant property), and Public Trust was neutral, suitably qualified and named as executor under either will, the court properly exercised its power under s 7 to appoint Public Trust as temporary administrator and directed service on the relevant parties including the deceased's daughter personally.
13 Jul 2023

MOHANNAD HASAN TOUBAT v HASAN MOHAMMED HASAN TOUBAT [2023] NZCA 298

Citation

[2023] NZCA 298
Court

Court of Appeal

The appeal was struck out because the underlying High Court proceeding manifestly abused court process and the appellant failed to comply with mandatory procedural requirements (no statement of claim or affidavit, no address for service, no service on respondents, insisting on proceeding without notice), so the appeal could not possibly succeed and was correctly struck out under r 44A of the Court of Appeal (Civil) Rules 2005.
10 Jul 2023

ESTATE OF ROBERTS [2023] NZHC 1794

Citation

[2023] NZHC 1794
Court

High Court

Leave to commence proceedings by originating application was granted and without-notice directions for service were ordered because those to be served are persons with an interest in the estate under the Administration Act 1969 and service on them was sensible; the Court noted that if wide-ranging evidence or credibility issues arise the matter may require conversion to a statement of claim and contested proceedings.
17 Mar 2023

HWD NZ INVESTMENT CO LIMITED v BODY CORPORATE 392148 [2023] NZHC 526

Citation

[2023] NZHC 526
Court

High Court

Even where the applicant has an arguable set-off, the statutory demand remains enforceable and the application to set it aside is declined because the Scheme contains a compelling 'pay now argue later' policy, the default interest had accrued and was properly invoiced, the service defect was an irregularity cured under the High Court Rules, and the Body Corporate's failure to follow its internal debt-collection resolution does not invalidate the statutory demand.
15 Mar 2023

GLOBAL COVER INSURANCES LIMITED (IN LIQ) v MARIO [2023] NZHC 515

Citation

[2023] NZHC 515
Court

High Court

The judgment was regularly obtained by substituted service and formal proof; the defendant failed to establish a reasonably arguable defence or provide an adequate explanation for lengthy delay in seeking relief; prejudice to the plaintiff and the need for finality warranted dismissal of the set‑aside application.
10 Mar 2023

KEA INVESTMENTS LTD v WIKELEY FAMILY TRUSTEE LTD [2023] NZHC 466

Citation

[2023] NZHC 466
Court

High Court

The Court held it has jurisdiction over the New Zealand company (WFTL) and Mr Wikeley; on the interlocutory material the Coal Agreement and its jurisdiction clause cannot be reliably declared genuine or exclusive, but Kea has a plausible evidential basis that the Coal Agreement may be a forgery or liable to be set aside for fraud; the jurisdiction clause does not plainly cover Kea's conspiracy and declaratory claims; New Zealand is the appropriate forum to determine Kea's claims; accordingly the defendants' applications to dismiss or stay on jurisdiction/forum grounds were dismissed, the prot…
8 Feb 2023

TRUSTEES EXECUTORS LIMITED v POPPE [2023] NZHC 126

Citation

[2023] NZHC 126
Court

High Court

Application to dispense with service was dismissed in part because the applicant failed to provide sufficient information and had procedural shortcomings; service must be given to entities and individuals who are likely to be materially affected (specifically First Church of Christ Scientist Wellington and Greenpeace of New Zealand) and there was insufficient basis to dispense service for other named individual beneficiaries absent further information or consents.
7 Dec 2022

BURBERRY DEVELOPMENTS LIMITED v AUCKLAND COUNCIL [2022] NZHC 3273

Citation

[2022] NZHC 3273
Court

High Court

The Court was satisfied on the evidence that since creation the land and water supply arrangements changed materially (residential subdivision, Watercare supply, removal of pipes) so that continuation of the easement in its existing form is obsolete and would impede reasonable use of the burdened land; statutory service requirements were met and no substantial injury was identified, therefore a partial extinguishment under s317 is justified and granted as specified.