13 Jul 2016
M Yovich & Sons Limited v Peters [2016] NZHC 1572
- Citation
- [2016] NZHC 1572
- Court
- High Court
Court found plaintiffs engaged in improper conduct by failing to disclose material facts to the court in ex parte applications (notably that Thomson Wilson were involved in settlement negotiations for other interests and that settlement would not resolve issues as to Thomson Wilson). However, despite that improper obtaining of the interlocutory extensions under r 7.51, the Judge exercised discretion not to rescind because the prejudice to plaintiffs (loss of cause by operation of limitation if extensions were rescinded) outweighed the speculative and limited prejudice to Thomson Wilson; accor…