Published 22 July 2020
Application to strike out statement of defence - breach of statutory duty- bad faith - bias - District Court Rules 2014, rr 1.3, 5.50, 7.69 & 15.1 - Lawyers and Conveyancers (Lawyers: Complaints Service and Standards Committees) Regulations 2008, reg 10 - Lawyers and Conveyancers Act 2006, s 159 & Part 7 — Cawdor Holdings Ltd v Raymond Sullivan McGlashan [2007] DCR 559 - Telecom NZ Ltd v Clear Communications Ltd (1997) 6 NZBLC 102,325 (HC) - Attorney-General v Prince [1998] 1 NZLR 262 (CA)- Marshall Futures Ltd v Marshall [1992] 1 NZLR 316 (HC). The plaintiff applied to strike out parts of the New Zealand Law Society's (NZLS) statement of defence. The plaintiff's statement of claim was a lengthy document complaining for the most part about the decision of an NZLS Standards Committee. The application was declined, as it was not logical to make a decision before hearing the defendant's application to strike out the plaintiffs statement of claim. In making this decision the Judge referred to District Court Rule 1.3 which states the objective of the Rules is "the just, speedy, and inexpensive determination of any proceeding or interlocutory application". Judgment Date: 27 September 2019.
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