New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Relief from sanction

  • 10 Oct 2018

    HULJICH v HULJICH & ORS [2018] NZHC 2637

    Citation
    [2018] NZHC 2637
    Court
    High Court

    Relief from the sanction was granted because the non-compliance with the filing requirement was a technical oversight, the filing requirement was unorthodox, defendants suffered no prejudice and striking out would be disproportionate; rescission or recall of the order striking out Part B was refused because the order was made with argument, the belated provision of particulars did not constitute a change of circumstances under r 7.49 and indicated deliberate non-compliance, so no indulgence was warranted.

  • 24 Aug 2018

    HULJICH v HULJICH & ORS [2018] NZHC 2205

    Citation
    [2018] NZHC 2205
    Court
    High Court

    Relief from the unless orders is granted only as a short, final indulgence because the plaintiff's non-compliance was not found to be deliberate given medical evidence of age-related cognitive and anxiety impairment and the recent engagement of experienced counsel; therefore the plaintiff is permitted to file compliant particulars and limited additional evidence by 31 August 2018, subject to strict consequences (strike out) for non-compliance; the sixth cause of action for equitable damages is struck out because further discovery will not be permitted and particulars cannot be provided.