Court of Appeal Wellington
19 February; 13 March 1985
Cooke, McMullin and Savage JJ
19 February; 13 March 1985
Cooke, McMullin and Savage JJ
Practice and procedure — Dismissal of action for want of prosecution — Prejudicial effect of delay — Action by former client against solicitor alleging professional negligence and breach of fiduciary duty arising from the investment in 1977 of $100,000 in a private company which went into receivership in 1978 — Solicitor was a director of the company — Writ issued in 1979 — Plaintiff ordered to supply further particulars of claim in 1980 — Motion to strike out filed in November 1983 — Particulars supplied in May 1984 — Whether, despite inexcusable delay, Judge had correctly exercised his discretion in refusing to strike out the proceedings — Code of Civil Procedure, R 273.
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