Legal Beagle by Graeme Edgeler

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Legal Beagle: Sanctuary!

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  • Rich of Observationz,

    I guess a process server is a bit like being one of those bounty hunters in the US, except you don't get to carry the 44 magnum?

    Back in Wellington • Since Nov 2006 • 4471 posts Report Reply

  • alwyn,

    It isn't really related to the content of your contribution but you brought back happy memories of McCully's newsletter. It was of course very political but it wasn't malicious in the way that, for example, many of the 'Red alert' postings so often are.
    What used to surprise me was the time of day they were often despatched. Didn't he ever sleep?

    Wellington • Since Dec 2011 • 3 posts Report Reply

  • Graeme Edgeler, in reply to alwyn,

    It isn’t really related to the content of your contribution but you brought back happy memories of McCully’s newsletter.

    I do think McCully is that rare sort of MP who prefers opposition to government :-)

    Wellington, New Zealand • Since Nov 2006 • 3011 posts Report Reply

  • Graeme Edgeler, in reply to Rich of Observationz,

    I guess a process server is a bit like being one of those bounty hunters in the US, except you don’t get to carry the 44 magnum?

    A lawyer I know, whom I guess was having trouble serving someone, finally got a process server, and wondering how they would succeed where he had failed, went along with her. While the lawyer waited in the car, she went up to the door with (I think) two dozen beer. The intended recipient, seeing the woman, and the beer, and wondering what was happening, actually answered the door, at which the process server enquired to the effect "are you Rich Observationz?" After an affirmative reply she handed him the beer, and the claim, said you've been served and quickly legged it to the waiting car.

    Wellington, New Zealand • Since Nov 2006 • 3011 posts Report Reply

  • Sacha, in reply to Graeme Edgeler,

    he's better when there's no responsibility for actually delivering, yes.

    Ak • Since May 2008 • 16838 posts Report Reply

  • DeepRed,

    Mallard & Little are probably treating Collins' lawsuit as if she's suing over a broken fingernail. And who can blame them?

    The southernmost capital … • Since Nov 2006 • 4403 posts Report Reply

  • chris,

    I’ve effected personal service a couple of times.

    Can not erase the image of you as Seth Rogan in Pineapple Express.

    中国 • Since Jan 2010 • 900 posts Report Reply

  • DexterX,

    I served papers on a geezer in a defamation case one set I delivered to him personally -when he answered the door he kept the fly screen closed - so I forced the papers through a hole in the mesh - they feel at his feet.

    He then unlocked the door stepped over the papers and followed me as I left, running alongside me trying to provoke a fight - his game was to have me assault him and then be arrested.

    The first fixture he failed to appear, arriving at Court a day later to tell the Register that I had taken the notice of hearing out of his letter box and then placed it back on the morning of the hearing - that he had witnessed this - at the second date he turned up and denied he was ever served with the original papers - I expected this and to put the matter of service to rest served him at that hearing - the matter moved on form there.

    No doubt service will be achieved on Mallard and Little with relative ease - I wish Mallard well in his new career and trust this will all be behind him by then.
    http://www.imperatorfish.com/

    Auckland • Since Nov 2006 • 1203 posts Report Reply

  • Graeme Edgeler, in reply to DexterX,

    I expected this and to put the matter of service to rest served him at that hearing

    Risky.

    Service of Process within the precincts of the Court is sometimes considered to be a contempt of Court. And at an actual hearing? That might be a step too far.

    Wellington, New Zealand • Since Nov 2006 • 3011 posts Report Reply

  • Alex Coleman,

    Mallard does seem to be enjoying himself with this; just tweeting thusly:

    Don't normally do the tweets saying what I had for breakfast etc but am now doing constituency clinic #inplainview

    Wellington • Since Nov 2006 • 214 posts Report Reply

  • Pete George,

    Mallard has been unusually active around the blogs too, commenting in person at The Standard and Kiwiblog. Not sure if it's a sign of anxiety or publicity seeking.

    "In person" doesn't include on a blog or Twitter I presume.

    Dunedin • Since Dec 2011 • 139 posts Report Reply

  • Graeme Edgeler, in reply to Pete George,

    “In person” doesn’t include on a blog or Twitter I presume.

    If you've tried a few times, and actually can't find them, or know where they live, you may be able to arrange to get a Court's permission for substituted service, which can sometimes be by email, or facebook.

    But if you know where they live, you'll probably just get permission to leave it there, although alerting them via twitter that it has been left there may be an added extra to make sure they find it.

    Wellington, New Zealand • Since Nov 2006 • 3011 posts Report Reply

  • Ian Dalziel,

    Grace Brothers under fire...
    Perhaps Back Benches could do a special
    Are you being Served episode...
    ...one does have to wonder if perhaps
    Judith Collins and Mrs Slocombe
    were separated at birth...

    Christchurch • Since Dec 2006 • 5092 posts Report Reply

  • andrew gunn,

    In my brief experience as a young solicitor sent to serve, the most enthusiastic and obliging recipients were usually the respondents in divorce proceedings who were just pleased that the other side was paying for the paperwork.

    Christchurch • Since Apr 2009 • 42 posts Report Reply

  • DexterX, in reply to Graeme Edgeler,

    The geezer's denial of having never being served and his seeing me remove the notice of hearing and then place it back in his letter box on the morning of the first hearing was not considered credible by the Judge.

    I asked if it was in order to hand him the papers and it was confirmed - the judge then timetabled matters for his reply - at that stage I had filed all the prehearing interlocs and the pre hearing conference had taken place - which he didn't attend - he claimed that I had also removed this notice from .his letter box and that these papers had also not been served - which they had.

    The allowance at the "hearing" afforded me to pass a full set of all papers filed to that date was granted to ensure that geezer had all papers and could go off and attend to filing a statement of defence. The Court wanted him in the interests of natural justice to put up a defence and to do that he had to have in his possession the full set of papers. It also put an end to his saying he never rec'd the guff.

    At the end of it all we, some 3 years down the track, following a hearing that lasted a full day, received a judgment in our favour.

    You can see why people can be tempted to take matters into their own hands – perhaps a tag team wrestling match would best solve Collins case.

    Auckland • Since Nov 2006 • 1203 posts Report Reply

  • DexterX, in reply to Ian Dalziel,

    The Red Wiggles Vs Ms Slocombe and Friends

    Auckland • Since Nov 2006 • 1203 posts Report Reply

  • DeepRed, in reply to Ian Dalziel,

    one does have to wonder if perhaps
    Judith Collins and Mrs Slocombe
    were separated at birth…

    I’d say she’s more like Minister Ratched, who's already dropped proceedings against RadioNZ.

    And the defendants continue to brush it off as an entry for the Stella Awards.

    The southernmost capital … • Since Nov 2006 • 4403 posts Report Reply

  • Pete George,

    Whoever gets the job of serving the papers may have plenty of time, Mallard indicated yesterday he’s half way through his career, so that gives them until about 2040-ish.
    http://yournz.org/2012/05/18/mallard-indicates-retirement-2040/

    Dunedin • Since Dec 2011 • 139 posts Report Reply

  • Graeme Edgeler,

    If we can stop with the personal abuse of MPs (or anyone), that would be appreciated :-(

    Wellington, New Zealand • Since Nov 2006 • 3011 posts Report Reply

  • DexterX, in reply to Graeme Edgeler,

    I 'm pretty sure Ms Slocombe would resent the comparison.

    Auckland • Since Nov 2006 • 1203 posts Report Reply

  • Ian Dalziel, in reply to Graeme Edgeler,

    Legal beadle...

    If we can stop with the personal
    abuse of MPs...

    When they stop abusing their positions and a nation's trust. Since when did NZ political discussion become a satire-free zone?
    Guess I'll stick to Imperator Fish in future and stop hounding the beagle.

    Christchurch • Since Dec 2006 • 5092 posts Report Reply

  • Graeme Edgeler, in reply to Ian Dalziel,

    When they stop abusing their positions and a nation’s trust.

    Political abuse of MPs is fine. Just not a fan of arguments based on people's appearances, is all.

    Wellington, New Zealand • Since Nov 2006 • 3011 posts Report Reply

  • Ian Dalziel, in reply to Graeme Edgeler,

    Mien host...

    Just not a fan of arguments based
    on people’s appearances, is all.

    Fair enough, your house, your rules...
    My excuse is that I was raised on Private Eye's lookalike letter submissions...

    Christchurch • Since Dec 2006 • 5092 posts Report Reply

  • Steve Curtis,

    BTW , what was the outcome of McCully v Race Relations Commissioner

    Auckland • Since Nov 2006 • 235 posts Report Reply

  • Steve Curtis,

    Back in 1170 there was a similar dispute:

    Archbishop Mallard remained steadfast in his refusal to recant. This news threw Queen Judith (still in France) into a rage in which she was purported to shout: "What sluggards, what cowards have I brought up in my court, who care nothing for their allegiance to their lord. Who will rid me of this meddlesome priest."

    So off they went to search for for Archbishop Mallard and Bishop Little

    They arrived at Canterbury during the afternoon of December 29 and immediately searched for the Archbishop. Mallard & Little fled to the Cathedral where a service was in progress. The knights found them at the altar, drew their swords and began hacking at their victim finally splitting their skulls.

    Auckland • Since Nov 2006 • 235 posts Report Reply

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