New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Delay and failure to prosecute

Legal area

Court

12 Aug 2009

Ross v Accident Compensation Corporation

Citation

[2009] NZACC 138
Court

District Court

Leave to appeal was refused because the applicant failed to identify a question of law, did not provide required submissions despite repeated requests, and offered no explanation for the delay, so the application did not establish grounds for leave.
18 Apr 2007

SHARMAN-RICHARDS V EMYS KENNELS & CATTERY LIMITED AND ANOR HC PMN CIV 2006-454-1002

Citation

openlaw-a320b71a_b587_4cd4_9474_05487edd9c97.pdf
Court

High Court

The interim ex‑parte injunction granted on 22 December 2006 is discharged because the plaintiff failed to demonstrate a continuing need for the order, has not prosecuted the proceeding (no statement of claim), and there is no evidential basis that lifting the injunction would prejudice animal welfare; ex‑parte orders must not remain longer than necessary.