10 Oct 2018
HULJICH v HULJICH & ORS [2018] NZHC 2637
- Citation
- [2018] NZHC 2637
- Court
- High Court
Relief from the sanction was granted because the non-compliance with the filing requirement was a technical oversight, the filing requirement was unorthodox, defendants suffered no prejudice and striking out would be disproportionate; rescission or recall of the order striking out Part B was refused because the order was made with argument, the belated provision of particulars did not constitute a change of circumstances under r 7.49 and indicated deliberate non-compliance, so no indulgence was warranted.