25 Nov 2011
TEINANGARO AND TEINANGARO v FASTWAY COURIERS (NZ) LIMITED HC NAP CIV-2009-441-000751
- Citation
- openlaw-1ceb211b_89e9_45fe_a880_b274a0865d11.pdf
- Court
- High Court
The strike out was set aside because the plaintiffs' non‑compliance was minor (six day delay), the second amended statement of claim filed during the stay was substantively compliant, no prejudice was shown to defendants, the Court had jurisdiction under HCR 1.19 to extend time, and the Associate Judge had not made an automatic 'unless' order that would have operated to strike the proceedings without further exercise of discretion; accordingly justice required reinstatement with strict interlocutory directions.