New Zealand Case Law: Decisions & Judgments | LexChat

Topic

High court rules r 15.2

Legal area

Court

3 Jul 2019

ALPHA CARS WHOLESALE (2018) LIMITED v AL-CHALABI [2019] NZHC 1556

Citation

[2019] NZHC 1556
Court

High Court

The originating application to set aside the statutory demand was dismissed because the applicant failed to comply with court directions and prosecute the proceeding, resulting in inordinate and inexcusable delay that seriously prejudiced the respondent, and there was no substantial issue as the Disputes Tribunal had declined the re-hearing and reinstated its enforceable order.
3 May 2010

KING V ATTORNEY-GENERAL HC WN CIV-2008-485-465

Citation

openlaw-558451c6_af8b_4b79_9079_4d126cf345bc.pdf
Court

High Court

Because the plaintiff could not be contacted and had not prosecuted the claim, the court found on the facts that the proceeding should be dismissed for want of prosecution under r 15.2.
3 May 2010

KAHUKIWAI V ATTORNEY-GENERAL HC WN CIV-2007-485-1113

Citation

openlaw-f03384fd_6984_485a_84dc_02dc09bbe36b.pdf
Court

High Court

The proceeding was dismissed because the plaintiff failed to prosecute and could not be contacted; under r 15.2 the court may dismiss for want of prosecution and an oral application was permissible in the exceptional circumstances where written notice would not reach the plaintiff.