18 Oct 2007
PORTSIDE APARTMENTS LIMITED V BREAKERS GISBORNE LIMITED AND ORS HC NAP CIV 2007-441-751
- Citation
- openlaw-63a9af23_862a_433a_8d3b_79c2e3bd54af.pdf
- Court
- High Court
The court exercised its discretion under High Court Rules r5 and r11 to deem service of the District Court notice of discontinuance effective as at the time of filing, thereby curing the procedural irregularity; as a result the High Court had jurisdiction to hear the proceedings, the defendants' appearance under protest to jurisdiction was set aside, and the summary judgment application was directed to proceed with a timetable; costs reserved.