10 Mar 2016
MCKAY v JOHNSON & SMITH [2016] NZHC 410
- Citation
- [2016] NZHC 410
- Court
- High Court
Leave to file the 9 March 2016 affidavit was granted because, although Mr Smith breached timetable orders, the interests of justice in permitting consideration of a substantial defence and ensuring an adequate evidential foundation outweighed the prejudice; the late filing necessitated adjourning the hearing, a new timetable was imposed, and costs of $2,500 were awarded with an 'unless' debarment order if not paid by the specified date.