30 Sept 2014
TORBAY HOLDINGS LTD v DJ NAPIER AND SA NAPIER [2014] NZHC 2380
- Citation
- [2014] NZHC 2380
- Court
- High Court
No wilful non-compliance by the defendants was established; the breakdown with their solicitor and genuine attempts to obtain documents and funds entitled them to latitude as lay litigants; consequently the strike out application was dismissed, the fixture was vacated and the discovery timetable (27 June compliance) was set aside with outstanding discovery and related interlocutory matters remitted to Associate Judge Bell for further directions including opportunity to apply for legal aid and set timetable.