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"Hi to Netlaw. I found this a useful overview. I went to the ACC website and found it too difficult to follow. Jim (Dunedin)
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"Membership No 186685
I have been unable to acquire any case law in regards to bankruptcy. I am thge alleged defendant in the matter and have opposed the application for bankruptcy as I am not the defendant. The case is now at the stage of the high court requiring a synopsis under 251a, I wish to make submissions in not being notified of the hearing at the district court after the notice of proceeding was served. The matter then got judgement without my knowledge and is now before the high court for bankruptcy. Please advise the procedure to locate any supportive case law that may assist with my application to set aside the bankrupcy claim.
Kindest Regards
A.Marsh
I "
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"You will certainly get a rehearing if you were not notified but, if you simply misread the documents you were originally served with then you could be in trouble. You must actively follow up on your obligation to file and serve a defence and not just wait for the Court to come to you. Good luck . . . Netlaw "
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"Likewise . . . very helpful. Thanks. Gerald - May 2007 - Tauranga"
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"Received notice from a creditors lawyer that they wish to put in companiy into liquidation and I have up to today upon receiving their letter. A Statory Demand was intially sent on 7 Aril 2008, which I reponded with a reply explaining that an arrangement (verbal) had been entered in by both parties which was to continue supply, once company got post dated cheques, company stopped surpply and but still continued to present cheques which was not the agreement which was entred into.
What position does that leave me if I want to legal challenge this. Without causing me excessive expresses.
Rina
Netlaw responds: If you say that they cannot properly sue because there was a new agreement for time payment, then you can apply for an injunction saying that the Statutory Demand Notice is wrong. But it will cost you. An injunction should not be done without legal advice. Type up a Statement setting out precisiely all the facts as you know them and see a lawyer as soon as possible. A letter shouid be sent to the other side saying how inappropriate the Demand procedure is when the subsequent agreement between the parties was made and kept by you. But you must get your facts right!"
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"I liked you Civil Index. Not much need for family or criminal but you civil index is very good to have at my fingertips. Thanks for providing this service T. (name withheld)"
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"Great assistance. I agree with the above. Your civil topics are great. Better than we get at Polytech where I am studying Business Law. Terry -Dunedin - June 2007"
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"I found all these contract topics interesting and helpful. JD. Napier December 2006"
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"It's not fair that when you win a case you still have to beg a judge to award you costs and even then the award is always less than you have to pay your lawyer. This happened to me. My lawyer told me that there's always two sides to a story but the judge didn't recognise any validity in the other side's claim yet the nett result is that I recover only about 60% of my costs to my lawyer and the other 40% is about half of what I won in the case. That isn't justice. A real pissed off Kevin J. - Auckland - June 2007"
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"NETLAW replies. Yes, we agree. What you need to do in these cases is make an Application for "Full and Reasonable Costs" and argue that the Court should (it can) make a full award. You need to convince a Judge that the other side never really has a chance of winning and that it is unfair that you should have to pay any costs. That is the way it is in the UK and Australia. But in New Zealand, it is usually only a percentage of the costs that you get back. That is unfair in many many cases. NETLAW - June 2007"
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"I found this interesting. I want to sue for punitive damages and I was interested to learn that our courts are pretty conservative. I think the Welfare have quite wrongly taken my kids and I have found out that the affidavit they gave to a Judge to get an order to uplift them was known to the Welfare to be incorrect. They told the Judge that I had drug convictions but when I found out 5 months ago that they thought that I proved then to them that this was untrue yet I have now found that they have still put this false evidence in an affidavit. But they have also told other people about my "drug convictions". You have to watch these people. (name witheld) - May 2007"
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"I got so much from this site. You are right. It is better to "upskill" myself first before paying megabucks to a lawyer just to get an opinion.
I liked access to the case law and the real life submissions. Tim Shadbolt's case was a dag. How much did he get? Bud. Auckland
Thanks a lot . . . Max (Devonport)"
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"The fact examples or samples really helped me. Your topic also gave me confidence to speak up for myself. My case was a simple car accident but the other driver wouldn't pay and my lawyer was going to charge me $700 just to help. Netlaw allowed me successfully to "go it alone". Thanks. Thanks. I am on to making my own will now. Miriam (and hubbie)"
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"Bastard Noise control officers! What can you do? I don't mind really noisy things being stopped but the officers don't seem to realise who is a genuine complainant and who is just a difficult neighbour.
Steve H. Auckland"
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"Would you have any information or help on neighbour with a noisy car REVERSE parking his car with difficulty causing noise disturbance at night, Also may visitors of his boarders come up and down and the driveway at night causing a lot of car noise. Jon
Netlaw replies: A really difficult problem.
Traffic enforcement through the police will not get involved unless the noisy vehicle is being operated on a public road and, even then, prosecutions for a noisy vehicle usually relate to a specific matter such as a car with no exhaust.
Noise control officers with your local Council will find it very difficult to take steps because their powers do not involve prosecutions and punishments but rather involve steps to control noise at any one particular time.
Technically, you can bring a civil action in what is known as the tort of nuisance, but this is time-consuming and fairly costly and usually used only an industrial situations or in urban areas where a neighbour is running a workshop with electric machinery all hours of the night.
You are therefore left, in practical terms, only with approaching the neighbour, perhaps with the assistance of a third person mediator, to try and resolve the matter.
There are no cheap, quick and easy legal remedies apart from the matters referred to above.
Hope this short overview helps.
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| Feedback/Blogs/Reviews from related topic: ACC |
"The fact examples or samples really helped me. Your topic also gave me confidence to speak up for myself. My case was a simple car accident but the other driver wouldn't pay and my lawyer was going to charge me $700 just to help. Netlaw allowed me successfully to "go it alone". Thanks. Thanks. I am on to making my own will now. Miriam (and hubbie)"
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"Great. See the other topics on Statement of Claim -Some Examples - Graeme - Tauranga"
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"A fun topic. I can remember when I was a lawyer's secretary. He had a wee figurine of a barrister on his desk with a sign on it saying "Sue The Bastards" but, then, he should know because he was a bastard too, but a very good lawyer. (name withheld)"
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