23 Mar 2017
T E HALCROW v J S MCNAMARA [2017] NZHC 539
- Citation
- [2017] NZHC 539
- Court
- High Court
Strike out refused because delays were not inordinate or inexcusable, most deponents remain available for cross-examination, evidentiary and credibility issues (including hearsay and the unavailability of the deceased) are matters for the trial judge to assess at trial, and the plaintiff's pleadings and affidavits disclose a reasonably arguable claim.