Re Mantle (Deceased) - [1997] 3 NZLR 41

Testamentary promises — Claims — Practice and procedure — Application for leave to take a further step in the proceedings outside the allowable time-frame — Whether plaintiffs had a proper issue to be tried — Whether defendant would be prejudiced by order — Whether plaintiffs had so delayed their taking of a step that they had forfeited the right of access to the process of the Court — Whether discretion should be exercised in favour of plaintiffs irrespective of delay and of prejudice to defendant — High Court Rules, R 426A.

Practice and procedure — Proceedings — Testamentary promises action — Application for leave to take further step in the proceedings — Matters to be considered — Whether applicant had proper issue to be tried — Whether defendant would be prejudiced by such an order — Whether plaintiffs had so delayed their taking of further step that they had forfeited right of access to the process of the Court — Whether discretion should be exercised in favour of plaintiffs irrespective of delay and of prejudice to defendant — High Court Rules, R 426A.