Commencing Proceedings Flashcards
Annetts v McCann
Proper notification to D of existence or proceedings is a fundamental principle of natural justice
Murray v Williams
See 7.13-4 tutor requirements
Depends on whether capable of understanding, with assistance of proper explanation from lawyers and experts, the issues on which consent of decision is likely to be necessary
See s 3 CPA for legal incapacity and r 7.13
5 examples must summons
R 6.4
- No defendant
- On appeal or for leave to appeal unless assigned to COA
- Preliminary discovery or inspection
- Transfer order Pt 9 CPA
- On a stated case
5 examples must SOC
Rule 6.3
Tort Debt Based on fraud allegation Publication of a defamatory matter Breach of duty where damages for personal injury claimed
6 examples require leave to appeal from SC judge
Appeal from single judge ordinarily lies to COA as a right s 101 SCA, leave is required in certain circs.
Leave required where: s 101(2) For winding up of a corporation Taxation or assessment of costs Summary judgment under the rules Interlocutory judgement or order Judgment made with consent Order Correcting a mistake or accidental slip or omission
Application is by summons r 51.8 and time for filing is 28 days of judgment unless notice of intention to appeal filed rr 51.9-10