5 Nov 2021
FIELDING v MCINTYRE [2021] NZCA 582
- Citation
- [2021] NZCA 582
- Court
- Court of Appeal
The application for an extension of time was declined because the applicant had ample time (over a year) to prepare the case, had failed to pay the reduced security for costs thereby precluding allocation of a hearing date, and the appeal's prospects were remote given the correct High Court strike‑out holding that the statement of claim did not disclose a reasonably arguable cause of action; these factors cumulatively made further extension unwarranted and prejudicial to the respondent.