25 Aug 2006
TVNZ V GLOSS COSMETIC SUPPLIES LIMITED (IN LIQ) HC AK CIV 2003-404-003928
- Citation
- openlaw-3b818e3f_9e2c_4bec_81a7_10c5c921fe25.pdf
- Court
- High Court
The Court struck out the defendant's claim because there was inordinate and inexcusable delay since Morris J's 3 July 1997 order, the defendant failed to provide an adequate explanation for the delay (ill health and impecuniosity did not suffice), and the plaintiff suffered serious prejudice from the age of the events, lack of particulars and evidentiary difficulty so that justice cannot be done if the claim proceeds.