New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Summary judgment under high court rules

Legal area

Court

18 Apr 2023

RKB CONSULTING LTD v BAIRD [2023] NZHC 822

Citation

[2023] NZHC 822
Court

High Court

The defendant was occupying the plaintiff's land without licence or tenancy and had been given notice to vacate but refused; no evidential or pleaded defence was filed and therefore there was no real question to be tried, so summary judgment ordering recovery of possession and costs was appropriate.
14 Feb 2017

THE COMMISSIONER OF INLAND REVENUE v SABATINI [2017] NZHC 149

Citation

[2017] NZHC 149
Court

High Court

Because s 109 TAA makes the Commissioner’s assessments conclusive absent a Part 8/8A challenge and the defendant discontinued her challenge and filed no evidential rebuttal, she lacks any arguable defence under r 12.2(1); the court will not withhold summary judgment by exercise of the residual discretion because judgment at trial would be inevitable and no exceptional injustice or oppression was shown.