22 Jul 2013
J E McCONNEL and W K McCONNEL v L J MATTHEWS & Ors [2013] NZHC 1819
- Citation
- [2013] NZHC 1819
- Court
- High Court
Delay between filing and service was not inordinate given investigatory steps to separate structural and weather-tightness issues, the delay was excusable, applicants failed to demonstrate sufficient prejudice from post-issue delay (including inability to join or bring cross-claims), and accordingly justice could still be done; dismissal for want of prosecution was not justified.