20 Apr 2021
MEMELINK v BODY CORPORATE 68792 [2021] NZHC 835
- Citation
- [2021] NZHC 835
- Court
- High Court
Given the long period of inactivity following judicial directions, the plaintiffs' elected pause pending an audit and pursuit of insolvency remedies, and the intrinsic need for prompt challenges to levies, the delays were inordinate and inexcusable, caused serious prejudice and made it unjust to allow the proceeding to continue; therefore the claim is struck out under r 15.2 High Court Rules 2016 and costs awarded to the defendant on a 2B basis.