28 Feb 2023
HELLABY RESOURCE SERVICES LTD v BODY CORPORATE 197281 [2023] NZHC 341
- Citation
- [2023] NZHC 341
- Court
- High Court
Adjournment denied because the interests of justice favoured maintaining the fixed fixture to avoid prejudice to the Maynard Marks plaintiffs; SRG bore significant responsibility for its lack of readiness by failing to comply with agreed and court-ordered discovery timelines and assurances it would 'catch up'; the body corporate must apply for leave to file its late amended counterclaim and SRG can oppose; there remained sufficient time (approximately 15 weeks) for SRG to complete discovery and serve evidence, so adjournment was not justified.