20 Oct 2016
CROSS & ORS v QUEENSTOWN LAKES DISTRICT COUNCIL [2016] NZHC 2503
- Citation
- [2016] NZHC 2503
- Court
- High Court
On the pleadings and the affidavit evidence there was a bona fide and non‑speculative basis for the plaintiffs' assertion they owned the property as trustees; disputed factual issues on ownership could not be resolved on strike‑out; pre‑issue delay alone did not justify striking out, the Council did not establish inordinate post‑issue delay or serious prejudice, and potential inability to join third parties did not constitute a misuse of process warranting strike‑out. Therefore the strike‑out application was dismissed.