Published 01 November 2017
Application for leave to make out of time application — Property (Relationships) Act 1976, s 24 — Beuker v Beuker [1977] 1 MPC page 20 — Ritchie v Ritchie [2991] NZFLR 266 — Rutherford v Rutherford [2986] 4 NZFLR 70 — Nowacki v Spyve (1988) 5 NZFLR 321 — Campbell-White v Prattley [1999] NZFLR 930. The applicant applied for leave to make an application out of time. The parties agreed that the application was out of time, but disputed how far out of time it was, either by seven months or 22 months. The court considered the length of the delay, the reasons for the delay, whether there would be prejudice to either party and the merits of the claim. The court noted that the case was more procedural in nature than that in "Nowacki v Spyve". The court found that there was no jurisdiction barrier to the Court granting relief and adopted the approach in "Campbell-White v Prattley". The court found that the applicant should be allowed to test his claim in court and was allowed to bring his application out of time on the condition that he pay $70,000 security for the respondent's costs. The court noted that the application would have been declined if the condition were not made. Judgment Date: 8 March 2017. * * * Note: Names have been changed to comply with legal requirements * * *
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