O'Brien v New Zealand Social Credit Political League Inc (No 2) - [1984] 1 NZLR 68

Practice and procedure — Discontinuance — Action discontinued against one defendant only — Discontinuance later filed against remaining defendants — Defendant had relied on discontinuance in defamation proceedings — Whether, assuming discontinuing against only one defendant was an irregularity, defendant had waived the irregularity — Whether Court could invoke inherent jurisdiction and set aside a discontinuance — Code of Civil Procedure, R 238.