23 May 2007
BARRY DEAN SEXTON V RICE CRAIG AND ANOR CA CA137/06
- Citation
- openlaw-1f7c85ad_635d_4baa_8e1e_9661fa0c1665.pdf
- Court
- Court of Appeal
The Court held that while it has jurisdiction under r 29(4) to grant leave to appeal out of time despite deemed abandonment under r 43, that discretion should be exercised only in compelling cases; here the pleaded claims did not disclose a reasonable cause of action and the proposed amendments were incoherent and fundamentally changed the pleaded basis of loss, so the high hurdle for relief was not met and leave was refused.