How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Chris The Lawyer Your Own Question

Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 18984
Experience:  32 years qualified as a lawyer; LLB, MMgt and FAMINZ.
32702153
Type Your New Zealand Law Question Here...
Chris The Lawyer is online now
A new question is answered every 9 seconds

an interlocutory application by the defendant to strike out

Resolved Question:

an interlocutory application by the defendant to strike out my claim was recieved on date x .the defendant will apply to the court on date y a month later. do I have 3 days before date y to file in opposition 12.9 or does 7,24   1  [a] have an effect  

Submitted: 1 year ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 year ago.

christhelawyer :

Hi Welcome to JustAnswer. My first response will follow shortly. Please feel free to follow up if anything is not clear

christhelawyer :

Rule 12.9 applies to summary judgments-if that is what you have then this applies

christhelawyer :



12.9



Notice of opposition and affidavit in answer








(1)


A party who intends to oppose an application for judgment under rule 12.2 or 12.3 must, at least 3 working days before the date for hearing the application, file in the court and serve on the applicant—




(a)


a notice of opposition in form G 33; and







(b)


an affidavit by or on behalf of the party intending to oppose the application in answer to the affidavit by or on behalf of the applicant.








christhelawyer :

Otherwise if this is a strike out application then

christhelawyer :

7.24
Notice of opposition to application
(1)
A respondent who intends to oppose an application must file and serve on every other party a notice of opposition to the application within—
(a)
the period of 10 working days after being served with the application; or
(b)
if the hearing date for the application is within that period, 3 working days before the hearing date.

christhelawyer :

So if you are filing in opposition to a strike out then it is 10 working days, or if sooner, at lease 3 before the hearing

christhelawyer :

Sometimes the situation can be confused where someone files for the strike out as a summary application by the defendant. But in reality as long as you get this is fairly promptly, and outside the 3 working days that would be sufficient as most judges would not refuse to hear your opposition as long as it was filed and served even if a bit late

Customer:

it is an order for strike out and/or summary judgment

christhelawyer :

Then 12.9 applies

christhelawyer :

I can continue a little later but need to go out for a while, if this is OK, just leave the next reponse and I will respond as soon as possible

Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 18984
Experience: 32 years qualified as a lawyer; LLB, MMgt and FAMINZ.
Chris The Lawyer and other New Zealand Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • LawNZ

    Other

    Satisfied Customers:

    31
    Trusted advisor to businesses and individuals on company, consumer, employment, IP, and trusts issues, among others.
< Last | Next >
  • /img/opt/shirt.png LawNZ's Avatar

    LawNZ

    Other

    Satisfied Customers:

    31
    Trusted advisor to businesses and individuals on company, consumer, employment, IP, and trusts issues, among others.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8568
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    20232
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8224
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    136
    7+ years of experience handling various legal matters.
 
 
 

Related New Zealand Law Questions