23 May 2013
MORGAN V SOVEREIGN ASSURANCE CO LTD HC DUN CIV-2012-412-000957
- Citation
- openlaw-40c9573d_64d3_4be7_969b_783e2364e06c.pdf
- Court
- High Court
Although the proper registry for the proceeding was Auckland under r 5.1, Sovereign waived the right to seek transfer on that ground by filing a statement of defence and counterclaim before applying for transfer and being aware of the irregularity, so the court could not set aside the filing under r 1.5(4); separately, under r 5.1(5) the court may transfer for convenience and, balancing the parties' interests (including the plaintiff's severe disability and need to live with her parents during trial), the judge concluded overall convenience favored Dunedin and therefore dismissed the defendan…