20 Jun 2019
BALLANTYNE TRUSTEES LIMITED v HFK LIMITED [2019] NZHC 1425
- Citation
- [2019] NZHC 1425
- Court
- High Court
Although the plaintiffs' delay was inordinate and in part inexcusable, the defendants failed to demonstrate the requisite prejudice from post-issue delay and the proceeding could still be tried fairly on largely documentary evidence; therefore the Associate Judge's decision declining to strike out was not wrong in principle or based on unsupportable fact findings and the review is dismissed.