High Court Wellington
27 September 1993
Barker ACJ
27 September 1993
Barker ACJ
Statutes — Statutory rules and regulations — Interpretation — Retrospective effect of procedural rule — Exception to general presumption against retrospectivity — Whether substantive rights unfairly affected — Relationship of fairness to discretion under rule — High Court Rules, R 426A.
Practice and procedure — Time — High Court Rules — Continuance of proceeding after delay of more than one year since last step taken — Meaning of "proper issue to be tried" - Onus on plaintiff to establish that continuance should be granted — Level of onus — Explanation for delay — Whether evidence required as to merits — High Court Rules, R 426A.
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