FM CUSTODIANS LTD V BP WEST AND ANOR HC AK CIV 2009-404-002617

FM CUSTODIANS LTD V BP WEST AND ANOR HC AK CIV 2009-404-002617

The Court exercised its discretion under High Court Rules r 1.19 and adjourned the application to 6 November 2009 after balancing prejudice; the Court preferred adjournment to penalising a litigant in person given the circumstances and the plaintiff's own non-compliance with timetable.

Citation
openlaw-efc05aa7_8b33_4a1a_a5b0_be1a12a2985d.pdf
Parties
Plaintiff: FM Custodians Ltd; First Defendant: BP West; Second Defendant: G B Adams
Court
High Court
Jurisdiction
New Zealand
Judgment Date
24 September 2009
Procedural Posture
Summary Judgment Application / Interlocutory Hearing (application for Summary Judgment)
Outcome
Application for summary judgment not determined today; hearing adjourned
Legal Topics
Summary Judgment, Adjournment, Extension of Time Under Court Rules, Compliance With Filing Directions, Costs
Civil Procedure Contract Guarantee/suretyship Summary Judgment Adjournment Extension of Time Under Court Rules Compliance With Filing Directions Costs

Case Brief

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Parties

FM Custodians Ltd

Plaintiff

BP West

First Defendant

G B Adams

Second Defendant

Procedural Posture

Summary Judgment Application / Interlocutory Hearing (application for Summary Judgment)

Legal Issues

  1. 1 Whether summary judgment should be granted against the first defendant
  2. 2 Whether the Court should exercise its discretion under High Court Rules r 1.19 to extend/shorten time or permit late filings
  3. 3 Whether the matter should be adjourned to allow the first defendant to prepare and file a synopsis

Ratio Decidendi

The Court exercised its discretion under High Court Rules r 1.19 and adjourned the application to 6 November 2009 after balancing prejudice; the Court preferred adjournment to penalising a litigant in person given the circumstances and the plaintiff's own non-compliance with timetable.

Court Disposition

Application for summary judgment not determined today; hearing adjourned

Orders

  • Hearing adjourned to 6 November 2009 at 10:00am
  • First defendant to file and serve his synopsis on Mr Krebs within eight working days of 24 September 2009