17 Feb 2023
HE v CHEN [2023] NZHC 119
- Citation
- [2023] NZHC 119
- Court
- High Court
Application to strike out was dismissed. Although the proceeding endured significant delay and the plaintiff bore responsibility for a material portion of it, delay was not solely attributable to him and some relevant financial records exist; on balance justice could not be ruled impossible and it would be premature to strike out the claims before the plaintiff files briefs of evidence. The plaintiff was ordered to file briefs by fixed dates and the defendant's strike-out application refused; defendant ordered to pay plaintiff's reasonable disbursements for the application to be fixed by the…