The County Court System – Consistent in its Inconsistencies

Spot the difference:-

Lawgistics Client No 1

I am a Director of a car dealership. I was due to attend a court hearing in a dispute where we allegedly sold a defective car.  Shortly before the hearing date a matter arose that meant that I was unable to attend.  I rang the court who told me that it was OK for me to send someone else – an employee who knew the facts of the case.

The Judge however simply refused to allow my employee to speak the moment he realised that he was not a director of the company.

Lawgistics Client No 2

I am a Director of a car dealership.  I was due to attend a court hearing in a dispute where we allegedly sold a defective car.  Shortly before the hearing date the court wrote to me to say that the Judge was ill and that it was now going to be held on a different date.

However, I was booked to go to New Zealand a few days before the revised hearing date.  I contacted the court immediately asking to further re-arrange it on the basis that I was available for the original date but not the date that had been changed for the court’s convenience and without their checking to see if I was free on that day.  The request was refused! I had little choice other than to send the salesperson.  The court hearing lasted nearly three hours and my employee was allowed complete freedom to present our case.

LESSON...  ALWAYS take the name of the person you speak to at Court, write a note straightaway, time it and date it.



Published: 17 Mar 2014

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