Settlement negotiations during which the opposing party does not insist on compliance with a court order may provide a sufficient explanation for delay in compliance, but do not excuse non-compliance. The Court will weigh the explanation, relative prejudice, the overarching purpose under s 7 of the Civil Procedure Act 2010, and whether the appeal is bound to fail. A party relying on settlement negotiations as an explanation for delay should still comply with court orders or seek a formal variation.
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