New Zealand Case Law: Decisions & Judgments

Topic

Compliance with timetable orders

Legal area

Court

7 Aug 2013

MAWHINNEY v THE COMMISSIONER OF INLAND REVENUE [2013] NZHC 1983

Citation

[2013] NZHC 1983
Court

High Court

The affidavit sworn 3 August 2013 will not be read because it was filed well outside the timetable order, the lateness was effectively self‑induced by an experienced litigant, it causes prejudice to the Commissioner who would need opportunity to rebut factual assertions, and the alleged matters can be assumed from the statement of claim for the jurisdictional protest rendering the affidavit unnecessary.
5 Nov 2008

NAME SUPPRESSED V THE ATTORNEY-GENERAL HC WN CIV 2006-485-874

Citation

openlaw-23ab846f_e73b_4655_9b43_6a723a114767.pdf
Court

High Court

The strike-out application under r 478 was dismissed because the short delay was not inordinate or inexcusable and no serious prejudice was shown; however, given funding-related uncertainty and prior non-compliance the court imposed a draconian but justified unless order requiring the plaintiff to serve briefs of evidence by 1 March 2009 and set an amended timetable and trial date, with costs reserved.
21 Feb 2006

MARINE & GENERAL ENGINEERING (NELSON) LIMITED AND ANOR V CALWELL SLIPWAY NELSON LIMITED HC NEL CIV-2005-442-114

Citation

openlaw-97eaee2c_b507_408a_81b3_319a9b272a8a.pdf
Court

High Court

Delays by the defendant occurred and caused at least two extra conferences but were attributable to complexity and lack of resources rather than deliberate or improper conduct; accordingly r 48C should not be applied at this interlocutory stage and costs are reserved to the resolution of the proceeding.

New Zealand Case Law

MAWHINNEY v THE COMMISSIONER OF INLAND REVENUE [2013] NZHC 1983

NAME SUPPRESSED V THE ATTORNEY-GENERAL HC WN CIV 2006-485-874

MARINE & GENERAL ENGINEERING (NELSON) LIMITED AND ANOR V CALWELL SLIPWAY NELSON LIMITED HC NEL CIV-2005-442-114