29 Nov 2021
MAUGER v TUCKER [2021] NZHC 3214
- Citation
- [2021] NZHC 3214
- Court
- High Court
The Court ordered the applicants substituted for the deceased plaintiff under rr 4.50 and 4.52 because the executors validly assigned the cause of action to persons with a genuine interest, substitution was necessary and desirable to allow prosecution without duplicative proceedings, and nothing in the Rules precluded the order; the defendants' strike-out applications failed because, although the ex parte litigation guardian application had disclosure deficiencies, that did not justify striking out the substantive claim as an abuse of process at this interlocutory stage.