5 Dec 2019
SYED v MALIK [2019] NZHC 3210
- Citation
- [2019] NZHC 3210
- Court
- High Court
The application to file the proposed late affidavit was declined because High Court Rules r 7.20 requires affidavits to be filed with the application, the defendants had been aware since August 2019 the hearings would proceed, the delay was unjustified and accepting the affidavit would necessitate an unfair adjournment; accordingly the defendants' counterclaim was discontinued and costs were reserved, and the court set a timetable for submissions on the defendants' application to set aside the liability judgment.