One month's time limit for applying for reinstatement of a time limit
Supreme Court order 22 December 2022, HR-2022-2469-A, (case no. 22-092240SIV-HRET), civil case, appeal against order.
If Skadeforsikring NUF (Counsel Peter Vagle) v. Icopaltak AS (Counsel Knut Glad)
A company that had received a judgment of default from the Conciliation Board exceeded the time limit for claiming reinstatement of the judgment, and claimed reinstatement of the time limit one month and 10 days after the expiry of the original time limit. The Supreme Court, having conducted an oral hearing, found that section 16-14 subsection 4 first to fourth sentence of the Dispute Act, cf. section 6-1 subsection 2 and section 16-13 of the Dispute Act, had to be interpreted to mean that reinstatement of the time limit must be claimed within one month after the time limit for claiming reinstatement of the judgment in default. The claim for reinstatement of the time limit had then been submitted too late. The Supreme Court upheld the District Court's order, which had rejected the claim for reinstatement.
Read the order (Norwegian only)
Area of law: Civil procedure, sections 6-1, 6-14 and 16-13 of the Dispute Act.
Key paragraph: 46
Justices: Normann, Bergsjø, Falch, Thyness, Sæther