15 May 2019
HOUGHTON v SAUNDERS [2019] NZHC 1061
- Citation
- [2019] NZHC 1061
- Court
- High Court
Strike‑out application dismissed because plaintiff failed to establish s63 was untenable in all circumstances; s63 is a distinct, broader discretionary remedy from the s56(3)(c) due diligence exemption and whether defendants acted honestly and reasonably for s63 must be determined at stage two on full evidence; discovery of existing funding/insurance was declined but any concluded funding or insurance for stage two must be filed confidentially with the Court within five working days of completion.