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Hardie v Booth - [1992] 1 NZLR 356

$30.00

High Court Wellington
30 May; 12 June 1991
Tipping J
Practice and procedure — Bias — "Without prejudice" letter exhibited to affidavit in injunction proceedings — Exhibit seen by District Court Judge — Same Judge hearing substantive proceedings — Whether Judge ought to have disqualified himself — Whether bias established.
Law practitioners — Conduct of proceedings — Whether obligation to draw allegedly adverse case to Judge's attention — Different factual context — Different legal context.
Bankruptcy and insolvency — Bankruptcy notice — Application to set aside — Notice issued in respect of amount owing under judgment obtained by default — Debtor alleging counterclaim for same or greater amount — Whether debtor could have set up counterclaim in the action in which he let judgment go by default — Insolvency Rules 1970, r 41(3).

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