29 Nov 2023
MAHASIVAM v THURAISINGHAM [2023] NZHC 3418
- Citation
- [2023] NZHC 3418
- Court
- High Court
The defendant complied with Davison J's unless order by filing an affidavit of documents and producing documents by the specified deadline (3 August 2023); adequacy disputes do not equate to non-compliance warranting automatic strike-out; striking out the defence would be disproportionate and, if there had been breach, relief should be granted given absence of prior history of non-compliance, a credible defence and ongoing disclosure; accordingly the statement of defence is not struck out and relief is granted if required.