Lister v Parker

[2014] NZHC 689

IN THE HIGH COURT OF NEW ZEALAND WHANGAREI REGISTRY

CIV-2014-488-000047 [2014] NZHC 689

IN THE MATTER             of the estate of EARL ARTHUR RAYMOND LISTER, Deceased

BETWEEN  DEBRA ANNE GRETA LISTER Applicant

ANDSUSAN PARKER Respondent

Hearing:                   On the papers

Judgment:                7 April 2014

JUDGMENT OF VENNING J

ON AN APPLICATION FOR REVIEW

This judgment was delivered by me on 7 April 2014 at 1.00 pm, pursuant to Rule 11.5 of the High

Court Rules.

Registrar/Deputy Registrar

Date……………

Copy to:            Applicant

LISTER v PARKER [2014] NZHC 689 [7 April 2014]

[1]      The Registrar has referred this file to me.  The applicant seeks to review a decision  of the Registrar.   The decision  in  issue seems  to  be the return  of the statement of claim to the applicant.

[2]      There is no basis for the review.   It must be  declined for the following reasons.

[3]      The direction to return the proceeding was not a decision of the Registrar but

rather was a direction of a Judge.  That is apparent from the Registrar’s letter of 1

April 2014 (copy attached).

[4]      A notice of proceeding is required:  r 5.22.  The requirement for a notice of proceeding was not waived in this case:  r 5.24.

[5]      Further, given the nature of part at least of the relief sought, an application for directions as to service was required:  r 18.7.

[6]      In the circumstances the proceedings were rightly returned to the applicant. While it is unfortunate it took some time for the Registrar to communicate that direction to the applicant, there is no decision of the Registrar to review.   The application for review is dismissed.

[7]      What the effect of that may or may not be on the applicant’s substantive

proceedings (when filed in proper form) will be for another Court to determine on another day if it becomes necessary to do so.

Venning J