6 Dec 2016
BURGESS v MALLEY & CO [2016] NZCA 585
- Citation
- [2016] NZCA 585
- Court
- Court of Appeal
Because the appellant's non-compliance with filing and seeking a hearing date was materially related to an unresolved security-for-costs decision, the Court exercised its discretion under r 43(2) to grant an extension to allow the appellant to pursue Supreme Court leave; conditional time limits for payment of security were set depending on the Supreme Court outcome. The application to remove the respondent's lawyers was refused because the allegation lacked evidential foundation, the threshold for removal was not met and relevant evidence might be privileged.