21 Jun 2021
THE VINTAGE AVIATOR LIMITED v DEMARCO [2021] NZHC 1476
- Citation
- [2021] NZHC 1476
- Court
- High Court
The defendants failed to comply with the Court's unless order and High Court Rules on discovery by 7 May 2021; the late, unindexed delivery of SFO materials and inadequate affidavits caused serious prejudice and repeated non-compliance justified enforcement. The joinder application was abandoned and dismissed; the consolidation application was refused as untimely and likely to jeopardise the trial fixture. The Court declined to grant leave to defend; proceedings will proceed as formal proof with defendants permitted only to attend and make submissions.