27 May 2019
SHANGHAI NEUHOF TRADE CO LTD v ZESPRI INTERNATIONAL LTD [2019] NZHC 1176
- Citation
- [2019] NZHC 1176
- Court
- High Court
On balance the court will grant a limited adjournment: the unavailability of the plaintiffs' critical witness imprisoned in China justified vacating the 1 July 2019 fixture and relisting for specified dates in 2020 because, despite the plaintiffs' delay in taking all practicable steps, the prejudice of proceeding without the witness outweighed the prejudice of a modest delay to the defendant; the adjournment is granted on terms and the court will not fetter its future discretion to require the trial to proceed if the witness remains unavailable.