15 Feb 2012
ORLOV V NEW ZEALAND LAW SOCIETY COA CA32/2012
- Citation
- openlaw-da2165e8_f1c5_41e5_9822_fb530c8b5981.pdf
- Court
- Court of Appeal
The Court upheld the High Court's use of s 10 Judicature Amendment Act powers to sever the judicial review claim from the Bill of Rights and misfeasance claims because severance was necessary to ensure the judicial review could be determined conveniently and expeditiously within the eight-day fixture, the appellant had adequate forewarning and opportunity to be heard, and severance did not cause unacceptable prejudice given the respondents' chosen evidential strategy and the preservation of cross-examination rights for affidavit makers.