New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Information capsule

Legal area

Court

19 Nov 2012

GARY ALLAN CRAIG, V JONATHAN DOUGLAS SEALEY AND DIANE MICHELLE SEALEY HC HAM CIV-2012-419-1205

Citation

openlaw-88cdbcc9_bf3a_4b29_afed_8d51c83dc935.pdf
Court

High Court

Rule 2.18.2 does not, by implication, impose on a defendant who joins a third party an obligation to file and serve a fresh information capsule on that third party; r 2.20.3 demonstrates a deliberate choice not to require a new capsule and r 1.18.2A gives the court power to extend time retrospectively so Judge Marshall's extension was lawful; accordingly the appeal is dismissed.
13 Dec 2011

ARCHAEOLOGY NORTH LIMITED V CHRIS JOHN EFSTRATIOU HC WANG CIV-2010-083-350

Citation

openlaw-c8a6d143_0e34_42d9_ad7a_4d0346298b0f.pdf
Court

High Court

The applications were dismissed because the defendant failed to serve the required information capsule within the prescribed 30 day period and no extension under r 1.18 had been granted, leaving no extant counterclaim capable of transfer; the High Court will not exercise the District Court's extension discretion in the absence of an appeal, and transfer should await completion of interlocutory steps that will disclose the substance of the counterclaim.