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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
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Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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an interlocutory application by the defendant to strike out

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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  


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

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