New Zealand Law
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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
Hi Welcome to JustAnswer. My first response will follow shortly. Please feel free to follow up if anything is not clear
Rule 12.9 applies to summary judgments-if that is what you have then this applies
Otherwise if this is a strike out application then
7.24Notice 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.
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
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
it is an order for strike out and/or summary judgment
Then 12.9 applies
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