13 Feb 2012
WILSON V ANZ NATIONAL BANK LIMITED HC AK CIV 2010-404-5025
- Citation
- openlaw-bfe19047_71e6_450b_af98_f4e121281d3e.pdf
- Court
- High Court
The judge did not err in exercising discretion to grant leave to file the counterclaim out of time given the bank's evidential foundation, lack of identifiable prejudice, and the practicable alternative of issuing fresh proceedings; because the bank filed its summary judgment application concurrently with the counterclaim, no separate leave was required under the Rules; the review application is dismissed and any challenge to summary judgment must be by appeal.