11 Dec 2015
GB & ORS v WLS [2015] NZHC 3176
- Citation
- [2015] NZHC 3176
- Court
- High Court
The Limitation Act 1950 as amended by the Limitation Act 2010 does not preclude the High Court exercising its common law/inherent jurisdiction (and Rule 15) to strike out or stay proceedings on grounds that prejudice from delay prevents a fair trial; accordingly defendants may bring an interlocutory strike out/stay application and the court must decide whether to entertain it before trial, with merits to be determined at a listed hearing.