28 Aug 2018
STEPHEN KING HAMPSON v DONALD [2018] NZHC 2239
- Citation
- [2018] NZHC 2239
- Court
- High Court
The Court permanently stayed the plaintiffs' claims because continuation would be unjust: although Dunes (as a creditor) has standing to apply under s301, the plaintiffs' protracted, inexcusable delay, the serious prejudice to the defendant (passage of 12 years, destroyed records, defendant's impaired health/memory) and duplication/overlap with a liquidator's claim make a fair trial impossible; additionally Mr Hampson is not personally a creditor by the assignment and lacks standing to pursue s301 relief directly, and the plaintiffs' pleadings remain defective and would require extensive amen…