New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Procedural delay and prejudice

Legal area

Court

23 Mar 2016

ZENG v OU CAI [2016] NZHC 503

Citation

[2016] NZHC 503
Court

High Court

Leave to apply for review out of time was refused because the defendants gave no sufficient explanation for an 84 working day delay, the challenged orders were within the Associate Judge's jurisdiction and properly exercised as discretionary interlocutory decisions, the defendants' substantive grounds lacked merit, and granting leave would cause unfair delay and prejudice to the plaintiff and the timely progression of the proceeding.
3 Feb 2016

WHITFORD PROPERTIES LIMITED v ROBERT IAN BRUCE [2016] NZHC 58

Citation

[2016] NZHC 58
Court

High Court

The application to join Wayne Ramon Allen was declined because the proposed claim against Allen did not fall within any limb of r 4.4: no pleaded basis for contribution or indemnity under r 4.4(1)(a); the remedy sought against Allen (contractual damages for an abortive joint venture and forfeited deposit) is not substantially the same as the plaintiff's equitable remedy to recover surplus sale proceeds under s 185, so r 4.4(1)(b) fails; the issues between defendant and proposed third party are not sufficiently connected or substantially the same as those between plaintiff and defendant for r…