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Selina Neighbours v Brian Stutt [2016] NZDC 4246

Published 31 July 2016

District Court Rules 2014, r 15.2 — dismissal of counterclaim in civil proceedings. The counterclaim filed by the defendant was dismissed when he failed to appear at the hearing. Rule 15.2 allows for dismissal for want of prosecution of a counterclaim. Failing to provide briefs or evidence in support of his claim were not of themselves reasons for dismissal, but they added to the failure of the defendant to prosecute his counterclaim.

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