New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Effect of stays on limitation periods
  • 12 May 2020

    EA v RENNIE COX LAWYERS NO 2 [2020] NZHC 958

    Citation
    [2020] NZHC 958
    Court
    High Court

    The application for leave to appeal was dismissed because the proposed appeal did not raise a question capable of bona fide and serious argument nor an interest of sufficient importance to justify the cost and delay; the District Court's retrospective extension of time was inconsistent with the purpose of the Rules and the Limitation Act and plainly wrong, the stay did not suspend the limitation period, and finality required refusing further extension; costs were awarded to Ms EA on a 1B basis.

    • Extension of time
    • Deemed discontinuance (r 2.39 district court rules 2009)
    • Limitation act 2010
    • Leave to appeal
    • Retrospective judgment by default
    • Effect of stays on limitation periods