New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Funding of defence
  • 21 Jun 2011

    OFFICIAL ASSIGNEE V MENZIES & ANOR HC AK CIV-2009-404-003391

    Citation
    openlaw-237c3882_49f5_4345_90f4_570fb9c5440d.pdf
    Court
    High Court

    The application for adjournment was dismissed because the defendants failed to provide adequate evidential basis that the caveat prevented them from obtaining funding or selling the property, the increase in issues does not necessarily translate into a trial of doubled length and can be managed by the Court, and alternatives (sale with negotiated caveat withdrawal, urgent application to remove caveat, appeal scheduling) meant that the interests of justice did not require an adjournment; limited relief granted by extending time to serve evidence to 1 July 2011 and awarding costs to the plainti…