New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Leave to bring proceedings out of time

  • 3 Dec 2008

    OSMOSE NEW ZEALAND V WAKELING AND ANOR HC AK CIV 2005-404-7195

    Citation
    openlaw-a509561f_bb2b_4f0b_a925_ce3b3310568f.pdf
    Court
    High Court

    The court held that the operative cause of Osmose's failure to bring defamation claims within the two year period was the defendants' failure to make full and proper discovery; that cause was a reasonable cause under s 4(6B) Limitation Act 1950; no prejudice to the additional defendants was shown and the court's residual discretion favoured granting leave; consequently leave was granted to bring the defamation claim out of time and leave was granted to use Arch's discovered documents in the Fair Trading Act proceeding, with directions to amalgamate and fast-track the proceedings.

    • Leave to bring proceedings out of time
    • Non-party discovery
    • Use of discovered documents
    • Residual judicial discretion
    • Prejudice in limitation applications
    • Particularisation of damages

  • 14 Dec 2005

    QIONG AND ORS V MINISTER OF IMMIGRATION AND ANOR HC AK CIV 2005-404-5202

    Citation
    openlaw-72a6bcbd_df50_4974_8dd6_b1c7dce179d0.pdf
    Court
    High Court

    The application for security for costs was declined because, despite concerns about delay and the merits and the second plaintiff's impecuniosity and removal from New Zealand, the proceedings could affect the third plaintiff (a New Zealand citizen) and the court was reluctant to extinguish the father's case at this stage; additionally it was unlikely that security could realistically be paid, so the discretionary balance favoured refusal of security.

    • Security for costs
    • Judicial review
    • Refugee status
    • Removal orders
    • Impecuniosity
    • Leave to bring proceedings out of time