New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Setting aside discontinuance

Legal area

Court

28 Apr 2022

MCNAUGHTON v MCNAUGHTON [2022] NZHC 857

Citation

[2022] NZHC 857
Court

High Court

There was insufficient compelling evidence to set aside the notice of discontinuance; accordingly the application was dismissed and the existing costs order stands, with costs awarded to the defendants on a 2A basis plus disbursements.
6 Dec 2010

BELYAEV V TENANCY TRIBUNAL HC AK CIV-2003-404-7322

Citation

openlaw-581c4fa0_9e52_4fde_af97_8cf9a7f084d2.pdf
Court

High Court

The application must be made by a former defendant under r 15.22 and show the discontinuance was an abuse of process; the applicant is a former plaintiff and does not allege abuse of process, and the six year delay (with destroyed file and deceased adjudicator) makes reactivation impossible, therefore the discontinuance cannot be set aside.