New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Extension of time under r 1.19

  • 8 Oct 2021

    CATO v MANAIA MEDIA LIMITED [2021] NZHC 2696

    Citation
    [2021] NZHC 2696
    Court
    High Court

    The court exercised its discretion under r 1.19, informed by the principles governing r 9.8, and extended time to permit the plaintiff to serve a replacement brief by Mr Collins and the defendants to serve a response because the adjournment of the trial materially reduced prejudice to the defendants and the interests of justice favoured allowing the opportunity to cure defects in the original brief; admissibility remains subject to challenge once the replacement brief is served.

    • Admissibility of expert evidence
    • Service of supplementary brief
    • Extension of time under r 1.19
    • Rule 9.8 supplementary briefs
    • Prejudice balancing

  • 27 Feb 2013

    COMMISSIONER OF INLAND REVENUE V SEAFOOD AND MORE HOSPITALITY LIMITED HC AK CIV 2012-404-004452

    Citation
    openlaw-bb30acb6_a871_4f3e_9173_9195b1133899.pdf
    Court
    High Court

    Failure to comply with the mandatory filing and service condition in r 31.24(5) caused the proceeding to end; although the Court has jurisdiction to resurrect a proceeding and apply r 1.19, the discretion will not be exercised where there is no formal application or supporting affidavit demonstrating acceptable reasons for non-compliance and no material on which to balance competing interests; accordingly no extension granted and the liquidation application is dismissed.

    • Liquidation
    • Service of substituted proceedings
    • Extension of time under r 1.19
    • High court rules r 31.24(5)
    • Costs