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Department of Social Welfare v Stewart - [1990] 1 NZLR 697

$30.00

High Court Wellington
14 March; 29 September 1988
Wylie J
Criminal law — Jurisdiction — Abuse of Court's process — Inherent power of District Court — Information was sworn 17 months after date of alleged offence and some two years later defendant had not been served — District Court Judge dismissed the information on the grounds of delay — Whether District Court has any inherent jurisdiction — Whether District Court has inherent power to prevent abuse of its process — Whether there was implied power to dismiss the information under Summary Proceedings Act 1957 — Whether inherent power of District Court extended to dismissal of the information — Whether excessive delay may constitute an abuse of process — Whether District Court Judge was correct in dismissing the information.

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