New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Transfer of proceedings between courts

Legal area

Court

2 Jun 2021

GECHAN v THE CHIEF EXECUTIVE OF ORANGA TAMARIKI – MINISTRY FOR CHILDREN [2021] NZHC 1279

Citation

[2021] NZHC 1279
Court

High Court

Leave to appeal was granted because the modest delay was not unreasonably late and the proposed appeal was not clearly hopeless, but the application to transfer proceedings to the High Court was dismissed because the Family Court is the specialist forum and there was no good reason to transfer; timetabling directions and costs orders were imposed to prevent further delay.
1 Apr 2021

MANGAROA 26N2 TRUST v HUATA [2021] NZHC 739

Citation

[2021] NZHC 739
Court

High Court

The defendants did not succeed on their stay application because the High Court was the more appropriate forum given jurisdictional complications (including that the land is General Land); therefore the general rule applies and the plaintiff is entitled to costs on a 2B basis of $7,328 plus disbursements of $1,150.92.