BODY CORPORATE 354994 v AUCKLAND COUNCIL [2018] NZHC 1121

BODY CORPORATE 354994 v AUCKLAND COUNCIL [2018] NZHC 1121

The court ordered consolidation under r 10.12, granted leave to add and substitute second plaintiffs on terms that the joinder does not relate back and is without prejudice to limitation defences and that newly joined plaintiffs must provide discovery within one month, required the plaintiffs to serve a...

Source-derived case information.

Citation
[2018] NZHC 1121
Parties
First Plaintiff: BODY CORPORATE 354994; Second Plaintiffs: HEANEY INVESTMENT LIMITED & ORS; First Defendant: AUCKLAND COUNCIL; Second Defendant: PBS CONTRACTING LIMITED (IN LIQUIDATION); Third Defendant: CCSNZ LIMITED (formerly SYMONITE NEW ZEALAND LIMITED) (IN LIQUIDATION); Fourth Defendant / Second Third Party: DOWNER NEW ZEALAND LIMITED; Fifth Defendant / Third Third Party: ALUMINIUM TECHNOLOGY LIMITED; Sixth Defendant: WOODHAMS MEIKLE LIMITED; Seventh Defendant: WOODHAMS MEIKLE ZHANARCHITECTS LIMITED; Sixth Third Party: NATIONAL ALUMINIUM LIMITED
Court
High Court
Jurisdiction
New Zealand
Judgment Date
18 May 2018
Procedural Posture
Civil Building Defects / Interlocutory
Outcome
Consolidation ordered; leave to add/substitute second plaintiffs granted on specified terms; discovery directions made; leave to amend statement of claim granted; limitation issues to be determined at trial.
Legal Topics
Consolidation, Joinder, Amendment of Statement of Claim, Discovery, Limitation Defence, Particularisation of Defects
Civil Procedure Building and Construction Property Law Limitation Law Consolidation Joinder Amendment of Statement of Claim Discovery +2 more

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Parties

BODY CORPORATE 354994

First Plaintiff

HEANEY INVESTMENT LIMITED & ORS

Second Plaintiffs

AUCKLAND COUNCIL

First Defendant

PBS CONTRACTING LIMITED (IN LIQUIDATION)

Second Defendant

CCSNZ LIMITED (formerly SYMONITE NEW ZEALAND LIMITED) (IN LIQUIDATION)

Third Defendant

DOWNER NEW ZEALAND LIMITED

Fourth Defendant / Second Third Party

ALUMINIUM TECHNOLOGY LIMITED

Fifth Defendant / Third Third Party

WOODHAMS MEIKLE LIMITED

Sixth Defendant

WOODHAMS MEIKLE ZHANARCHITECTS LIMITED

Seventh Defendant

NATIONAL ALUMINIUM LIMITED

Sixth Third Party

Procedural Posture

Civil Building Defects / Interlocutory

Legal Issues

  1. 1 Whether the two related proceedings should be consolidated
  2. 2 Whether additional second plaintiffs should be joined by substitution and on what terms
  3. 3 Whether plaintiffs have provided adequate discovery

Ratio Decidendi

The court ordered consolidation under r 10.12, granted leave to add and substitute second plaintiffs on terms that the joinder does not relate back and is without prejudice to limitation defences and that newly joined plaintiffs must provide discovery within one month, required the plaintiffs to serve a supplementary list by 23 May 2018 to address discovery concerns, and granted leave to amend the statement of claim because the court could not determine at interlocutory stage whether amendments pleaded new time‑barred defects and found any prejudice to defendants could be mitigated by extending timetables for serving evidence; limitation issues to be determined at trial.

Court Disposition

Consolidation ordered; leave to add/substitute second plaintiffs granted on specified terms; discovery directions made; leave to amend statement of claim granted; limitation issues to be determined at trial.

Orders

  • Proceedings CIV-2013-404-3074 and CIV-2015-404-890 consolidated under High Court Rules r 10.12
  • First and seventh third parties in the running proceeding are to be the sixth and seventh defendants respectively; third party claims treated as cross-claims between defendants