Rangitukunoa v Smith - Matapihi 1A3D4C1 Block [2012] Māori Appellete Court MB 690 (2012 APPEAL 690) [pdf, 1.7 MB]
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...interest. 10 The rationale is that the funder is gaining access to justice for its own purpose and is in effect the “real party” to the litigation, even if it is not the sole party. 11 [37] These principles were applied by the Court of Appeal where a costs award was sought against a non-party in this Court: Kidd v Equity Realty (1995) Ltd. 12 [38] There are, however, exceptions to the general rule; these were summarised by the Court of Appeal in SH Locke (NZ) Ltd v New Ze...
...had produced that lease at the Tribunal hearing as part of the defence to NDT’s claim. [43] In considering NDT’s application for a rehearing, the Tribunal Referee rejected the argument that Mr AD had fabricated the lease document. [44] NDT appealed the Tribunal’s original decision dismissing its claim, and the District Court ordered the Tribunal to rehear the claim. This was on the basis that Mr WS had not been given sufficient time to consider documents that had been prov...