New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Dismissal for failure to proceed

Legal area

Court

19 May 2020

PEARSON v OFFICIAL ASSIGNEE [2020] NZHC 1040

Citation

[2020] NZHC 1040
Court

High Court

The Court fixed costs in favour of the Official Assignee because it was the successful party, the claimed costs reflected required attendances up to the point of withdrawal/dismissal, and there was no good reason to withhold costs; accordingly the security for costs held by the Registrar was to be released to the Official Assignee.
3 Oct 2007

DTS RIDDIFORD & YA RIDDIFORD & ANOR V HER MAJESTY'S ATTORNEY-GENERAL HC WN 2006-485-833

Citation

openlaw-d0561e8c_0a88_4c8f_b322_ff8b17be2b50.pdf
Court

High Court

The applicant failed to establish excessive delay or undue prejudice: delays by the respondent in paying the tribunal award and lack of evidence of respondent action between Feb 2006 and Jul 2007 undermined the dismissal application; appellants expressed intent to proceed; in the interests of justice the appeal must go to hearing, therefore the r712 application is dismissed.