16 Jun 2017
EVERS v HEALTHIER HOMES LTD (IN LIQUIDATION) [2017] NZHC 1332
- Citation
- [2017] NZHC 1332
- Court
- High Court
The Judge did not err in refusing the adjournment because the appellant and his counsel had persistently failed to comply with timetabling orders, made a last‑minute adjournment application based principally on counsel's ill health without evidencing why alternative arrangements could not be made, and the belated affidavits did not establish a sufficiently strong case under s161(5) that payments were fair to the company; therefore the discretion to refuse adjournment was properly exercised and the appeal must be dismissed.