Manson v New Zealand Meat Workers Union - [1990] 3 NZLR 615

Administrative law — Judicial review — Pleadings — Claim for damages — Plaintiffs sought judicial review of union's decision to expel them from union and also claimed damages — Whether claim for damages could be included in application for judicial review — Judicature Amendment Act 1972, s 4 — High Court Rules, R 628.

Practice and procedure — Striking out proceedings — Dismissal of proceeding for want of prosecution — Prejudicial effect of delay — Plaintiffs filed proceeding for judicial review in 1985 — Defendant applied in 1990 to strike out proceeding for want of prosecution on ground of prejudice — One of plaintiffs had died, as had important witness for defence — Whether delay was inordinate and inexcusable — Whether defendant was prejudiced — Whether a fair trial was possible — Whether proceeding should be struck out.