14 Jul 2017
MALTESE CAT LIMITED v DOE [2017] NZHC 1634
- Citation
- [2017] NZHC 1634
- Court
- High Court
The Court held that given the nature, volume and evidential quality of material filed by the second defendant and the issues raised the dispute is unsuitable for resolution under Part 18 originating summons procedure; the limitation point could not be resolved on the materials before the Court and required further argument; the matter was adjourned for parties to decide whether to convert to an ordinary action or to have a hearing on whether the Part 18 procedure should continue, with directions to set a timetable and further opportunity for Nottingham to give direct evidence.
- Declaration under s24 defamation act 1992
- Part 18 high court rules and originating summons procedure
- Limitation act 2010 ss11 and 15 (two year rule for defamation)
- Admissibility and hearsay in interlocutory proceedings
- Third party discovery and subpoenas
- Conversion of part 18 proceedings to ordinary action