Commencing Proceedings

Question 1

Annetts v McCann

Answer 1

Proper notification to D of existence or proceedings is a fundamental principle of natural justice

Question 2

Murray v Williams

Answer 2

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

Question 3

5 examples must SOC

Answer 3

Rule 6.3

Tort
Debt
Based on fraud allegation 
Publication of a defamatory matter
Breach of duty where damages for personal injury claimed

Question 4

6 examples require leave to appeal from SC judge

Answer 4

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

Question 5

5 examples must summons

Answer 5

R 6.4

1. No defendant
2. On appeal or for leave to appeal unless assigned to COA
3. Preliminary discovery or inspection
4. Transfer order Pt 9 CPA
5. On a stated case