Hemmes v Young - [2003] 1 NZLR 193

Practice and procedure — Striking out proceedings — Want of prosecution — Whether time prior to issue of proceedings to be taken into account — Principles — Whether proceeding to declare paternity one to which concept of delay applied — High Court Rules, RR 5, 6, 127, 128 and 478.

Practice and procedure — Time — Whether time for service to be enlarged — Whether appellant prejudiced by passage of time — Whether time prior to issue of proceedings to be taken into account — Principles — High Court Rules, RR 5, 6, 127, 128 and 478.

Family law — Practice and procedure — Application for declaration of paternity — Whether defendant prejudiced by passage of time — Whether time prior to issue of proceeding to be taken into account in deciding application for strike out on ground of want of prosecution — High Court Rules, RR 5, 6, 127, 128 and 478.