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The Civil Procedure (Amendment) Rules 2017

   

Added on  2020-05-08

5 Pages1612 Words100 Views
CIVIL PROCEDURE 2017ANSWER – 2Jurisdictions of the Courts and Tribunals in Civil ProceedingsJurisdiction of a court is broadly determined by Rule 5.1 of the High Court Rules, 2016on the basis of – (a)Court nearest to the Plaintiff’s place of business or residence;OR(b)The Crown court in case the jurisdiction allows.The principal place of business is determined on the basis from where the business isrun in case of individuals1 and the location of the Head Office in case of companies orcorporations. According to Rule 5.1(2), the Plaintiff can exercise the option by filing anaffidavit to this effect. The defendant is also given a chance under Rule 5.1 and it canapply for transfer before filing its Statement of Defense under Rule 5.1(4), if required.Although the High Court has unlimited jurisdictions, it can settle cases when the reliefsought exceeds $350,000, which is the limit of a District Court’s jurisdiction. However,cases do come before the High Court where the District Court lacked jurisdiction to dealwith specific matters, such as those of judicial review. All the practices and proceduresof the High Court, in civil proceedings, are regulated by theHigh Court Rules2016.In case of The Disputes Tribunal, the judgements are quicker and cheaper as comparedto the courts. However, theTribunals are authorised to settle small claims up to $15,000or $20,000, in case all parties agree.LimitationsRules 5.1(4) and 5.1(5) specify that in case of filing in a wrong Registry or in a moreconvenient Registry, the Judge has the discretion of issuing directions on moving theapplication.CASE STUDYIn this case study of Waikato Widgets Limited (Waikato), the jurisdiction of a DistrictCourt will be suitable since the claim amount is for refund of deposit amount of$220,000. Since the case is on behalf of the company, it can select the appropriate court1Edgbaston Investments Ltd v BNZ (1994) 1 NZLR634
The Civil Procedure (Amendment) Rules 2017_1
which is nearest to its Head Office. Although it is helpful if there is a written agreementbetween the parties, Waikato can press the claim on the basis of its long standingrelations with Wonder Technologies Limited (Wonder), the defendant in this case.Waikato can also produce the deposit slip of the bank, where Waikato clearly mentionedthat the amount was a “Refundable Deposit”. The smaller retail clients of Waikato havethe option of going to The Tribunal (for amounts below $20,000) or to the DistrictCourt for higher amounts. In my advice, it is better for all the retailers to file joint suiteagainst Waikato. This will help them in saving individual court fee and for Waikato itwill be helpful in referring to the claim as a collective amount.ANSWER – 5Procedure of a Stay by the Court in a Civil AppealAstay of proceedingsis the ruling incivil procedure by thecourt to halt the legalprocess in atrial2.Time limitThe courts have a time limit to file an appeal after the order has been passed. As thistime limit depends on the statute under which the court order has been given, theapplicant needs to check the Act. However, the default time limit is 20 working daysfrom the day the decision has been given3. DocumentsThe applicant is required to file the following documents in a civil appeal:Notice of AppealCopy of the court decisionInterlocutory application, accompanied by a supporting affidavit if theapplication is for:oleave to appeal out of timeoleave to appealoa stay of execution (this stops the court decision from being enforceduntil the conclusion of the appeal.FeesThe applicant needs to pay fees along with the proceedings. The fee amount can beascertained from High Court Fees Regulations, 2013.2 For more details see Judicature Act, 1908.3 See Rule 20.4(2) of High Court Rules.
The Civil Procedure (Amendment) Rules 2017_2

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