20 Jun 2023
R v CORKRAN [2023] NZHC 1540
- Citation
- [2023] NZHC 1540
- Court
- High Court
The court granted the defendant's application for a permanent stay of the proceedings.
New Zealand Case Law
Permanent stay
5 Jun 2020
SMITH & STOKES v PRAIN [2020] NZHC 1236
- Citation
- [2020] NZHC 1236
- Court
- High Court
Claims in deceit against the third defendant and Cardno and the negligence claim against Cardno were struck out under r15.1 for failing to disclose a reasonably arguable cause of action and for lack of required particulars of dishonesty or negligent conduct; the pleadings could not be cured by amendment on the material before the Court; delay was inordinate, inexcusable and prejudicial; plaintiffs' application to lift the stay was dismissed.
4 Sept 2018
MURREN & ANOR v SCHAEFFER [2018] NZHC 2320
- Citation
- [2018] NZHC 2320
- Court
- High Court
The threats alleged to have been made at mediation were not shown to be relevant to the real controversy in the substantive proceedings, did not justify the extreme remedies of striking-out or permanently staying the claims, and the Court will not admit or rely on an undisclosed confidential affidavit in civil proceedings; subpoenas against the plaintiffs' counsel are prohibited as unjustified and an abuse of process.
7 Mar 2008
BIRKENFELD V KENDALL AND ANOR HC WN CIV 2004-485-1657
- Citation
- openlaw-4a24f174_6c60_4e34_8dc8_9ef7bf7d8bd1.pdf
- Court
- High Court
The applications were dismissed because the plaintiff could have discontinued the claim and did not, the defendants legitimately pursued a permanent stay under the limitation decree and did not act improperly, an independent cause of action against Yachting New Zealand remained open despite Keane J's decision, and none of the recognised grounds for recalling a costs judgment applied; accordingly costs were awarded to the defendants with a 50% uplift and any sealing is to lie in court pending the plaintiff's appeal.