Summary judgment returns to the District Court

Posted by Benefitz Admin on June 27 2012 in News

Further changes were introduced to the District Court Rules on 14 June 2012.

Claimants now have the ability to apply promptly for summary judgment in connection with enforcing settlement agreements and (on a slightly more extended timeframe) in respect of other disputed claims.

The reintroduction of a short form procedure for disputes where no tenable defence is available will be welcome news to claimants who have felt hampered by the need to follow a more extended process even where the respondent had no real basis for denying liability.

Other notable changes include:

• The general reduction of time periods for service and giving notice from 30 to 20 working days;
• The ability to extend expired time periods (that is, expiry alone does not bring an end to proceedings);
• The availability of the default judgment procedure in cases where a defendant’s Response discloses no defence or contains an admission of facts; and
• The obligation of a party to provide the other party with copies of essential documents referred to in the information capsule on request.

If you would like further information on any of the above or other June 2012 changes to the rules, please do not hesitate to contact Cathy Murphy, Litigation Partner.

Cathy Murphy

Cathy Murphy is a partner in the commercial litigation team. Contact her on +64 9 300 8755 or cathy.murphy@shieffangland.co.nz

© Copyright 2012 Shieff Angland

This paper gives a general overview of the topics covered and is not intended to be relied upon as legal advice.

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