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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22179
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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Please would you mind advising me on the following: After

Customer Question

Please would you mind advising me on the following: After two hearings at the disputes tribunal - of which the second one was adjourned due to paperwork not having been received by the respondent, I have received a letter advising the following:
(However, since the hearing I have identified a jurisdictional issue. That is that as (me) lives overseas neither claim can proceed because there are no Disputes Tribunal Rules relating to service on overseas persons and no means of enforcing Disputes Tribunal orders against them. Regrettable I did not identify this issue at the hearing and advise the parties in person and I apologise for that.
The only outcome must be either that both claims are struck out or they can be transferred to the District Court under section 36 of the Disputes Tribunals Act 1988.
I will delay making an order to either of those effects until both parties have advised the Court of their decision or, if either party declines I will direct another hearing where the parties can have their say before an order is made.
I would ask that both parties contact the court by the 12 August 2016. )
I would like your advise because it has been 9 months since I submitted the claim, they held one hearing without advising me - so no one was there except the respondent and now we have just waited a further 4 months for a rehearing where I had the builder appear as a witness and provide a statement and I am also paying someone to represent me because I am living overseas. I was told originally both by the CAB and by the courts themselves that there is no problem putting a claim against someone in if I was moving overseas.
The other part to this is the respondent had lodged the debt with the debt collectors in NZ - because it was an ongoing court case, they had to wait for the outcome. Does this mean that since the case is being struck the debt collectors now have a free reign to go me for the bills that I was querying in court? And what is the process with this please?
I do not have a lawyer - from what I understand from that info provided by the court - they are now asking if either parties wish to proceed with District Court - this will involve lawyers and alot of stress - and once again, I live overseas so how does this work please?
This has all come out of left field as after two court hearings, I would have expected an outcome - NOT to be told it has been struck off. The respondent counter claimed against me for the bills - so that is the two claims they are discussing.
Submitted: 2 months ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 2 months ago.

Hi I am just reading this now

Expert:  Chris The Lawyer replied 2 months ago.

I think the tribunal efree is mistaken about the jurisdiction, but perhaps you can expalin further. What is the claim about, and where did the claim come from? If all the issues arose in New Zealand then the tribunal does have jurisdiction to deal with this.

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