Overarching purpose - Mini-quiz

1:What is the overarching purpose?
A)

To facilitate the just, efficient, timely and cost-effective resolution of the dispute

Incorrect

 

B)

To facilitate the just, efficient, timely and cost-effective resolution of the real issues in dispute

Correct

 

C)

To facilitate the just, efficient, timely, impartial and cost-effective resolution of the real issues in dispute

Incorrect

 

D)

To facilitate the just, efficient, and timely resolution of the dispute

Incorrect

 

2:In a civil proceeding, when must a court further the overarching purpose?
A)

Always, provided the parties are in court

Incorrect

 

B)

Always, provided that the court is exercising a power that arises from its inherent, implied or statutory jurisdiction

Incorrect

 

C)

Always, provided Part 2.1 of the Civil Procedure Act has application to the conduct of the parties

Incorrect

 

D)

Always, provided that furthering the overarching purpose is not contrary to the Charter of Human Rights and Responsibilities Act 2006

Correct

 

3:Will parties have to consider the overarching purpose only when in court?
A)

No, because the overarching purpose applies to all conduct at all times.

Incorrect

 

B)

Yes, because under s7(1) the overarching purpose of the Act relates to civil proceedings, and thus regard must only be had to the overarching purpose when in court.

Incorrect

 

C)

No, because in considering the overarching purpose the court must have regard to, amongst other things, whether the parties have endeavoured to resolve the dispute or narrow the issues in dispute (s9(2)(b)).

Correct

 

D)

Yes, because under s 8(1) a court must give effect to the overarching purpose in the exercise or interpretation of its powers, which implies that the overarching purpose will only be in issue in court.

Incorrect

 

4:Does the Act impose a limitation on what matters it may consider in giving effect to the overarching purpose?
A)

Yes, the matters provided for in s9(1).

Incorrect

 

B)

No, because a court has inherent jurisdiction to look beyond the matters listed in s9.

Incorrect

 

C)

Yes, the matters provided for in s9(1) and (2).

Incorrect

 

D)

No, because s9(3) states that s9 does not limit the matters to which a court may have regard.

Correct

  

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