25 Mar 2019
GREEN MEADOW HOLDINGS APS v SARGISON and DALTON [2019] NZHC 562
- Citation
- [2019] NZHC 562
- Court
- High Court
The stay was refused and the proceeding dismissed because there was no extant viable cause of action before the court (struck-out causes remained struck out), plaintiffs retain independent rights to seek disclosure under Erceg, further litigation would likely cause undue delay and prejudice to creditors given the substantial shortfall and accruing interest, and procedural deficiency in the proposed third cause of action justified dismissal of the current proceeding while preserving plaintiffs' right to refile and to pursue disclosure separately.