Lovie v Medical Assurance Society New Zealand Ltd - [1992] 2 NZLR 244

Practice and procedure — Master — Application for review of Master's decision — Principles applicable — Whether review is a rehearing de novo or whether there is an onus on the applicant to show why the Master's decision should be departed from — Whether cases involving viva voce evidence before the Master should be approached differently — Whether the weight to be accorded the Master's decision is different depending on the extent to which the Master has had the opportunity to consider the issues fully — High Court Rules, R 61C.

Practice and procedure — Proceeding — Application for dismissal for want of prosecution — Principles applicable on such applications — Action by house owners against their insurers and architects after property extensively damaged by fire during alterations — Proceeding issued six months before limitation expired, pursued expeditiously initially but then no action from the plaintiffs for 13 months in breach of a timetable order they had obtained — Whether the delay was inordinate and inexcusable and had caused serious prejudice to the defendants — Whether having regard to the limitation period the delay prior to the issue of the proceeding could be taken into account and if so to what extent — Whether the 13-month delay since the proceeding was issued had added in a more than minimal way to the prejudice caused by the earlier delay — High Court Rules, R 478.