5 Apr 2019
MOIR v IHC NEW ZEALAND INCORPORATED [2019] NZCA 92
- Citation
- [2019] NZCA 92
- Court
- Court of Appeal
The reviewer validly exercised statutory discretion to exclude late expert evidence given unequivocal directions, unexplained and prolonged delay by the applicant and her lawyer, opposition by respondent and the prejudice inherent in further delay; although the reviewer did not expressly consider absence of specific prejudice, quashing and remittal would not materially alter the outcome because delay and expedition imperatives would likely justify the same decision; therefore there was no breach of natural justice or irrationality warranting relief and the appeal is dismissed.