11 Mar 2022
GREEN v GILLETTE [2022] NZCA 49
- Citation
- [2022] NZCA 49
- Court
- Court of Appeal
The strike-out application was dismissed because the delays had been examined and explained in the Court's recall judgment, the appellant was not in continuing default of procedural directions, striking out for lack of diligence would conflict with the recall decision permitting the appeal to proceed, and although the appeal's prospects are weak it is not frivolous, vexatious, or an abuse of process since it is not certain to fail.