4 Aug 2021
ZEPACKIC v PRISON DIRECTOR, AUCKLAND SOUTH CORRECTIONS FACILITY (SERCO) [2021] NZHC 1996
- Citation
- [2021] NZHC 1996
- Court
- High Court
Where the sole plaintiff personally gave oral advice discontinuing the proceeding at a hearing, the discontinuance took effect under r 15.21 HCR and cannot be set aside by the plaintiff; r 15.22 permits only defendants to apply to set aside and the Court's inherent jurisdiction did not justify setting aside a discontinuance given personally by the plaintiff; therefore the application to set aside is dismissed.