PLUMPTON v TERRY [2018] NZHC 2241

PLUMPTON v TERRY [2018] NZHC 2241

The court granted leave to file the amended statement of claim because the proposed amendments (including the new eighth cause of action) did not unfairly prejudice the defendants and depended on pleaded facts; the defendants were given a fixed time to file an amended defence. The court dismissed the adjournment...

Source-derived case information.

Citation
[2018] NZHC 2241
Parties
First Plaintiff: Kevin Ian Plumpton; Second Plaintiff: UCFX Limited; First Defendant: James Terry; Second Defendant: Brent David Colbert
Court
High Court
Jurisdiction
New Zealand
Judgment Date
28 August 2018
Procedural Posture
High Court Civil Proceeding / Pre Trial Interlocutory Applications (application to Amend Pleadings and Application to Adjourn Trial)
Outcome
Leave to file amended statement of claim granted; defendants' application to adjourn trial dismissed; extension of time for defendants to serve evidence granted; timetable directions amended.
Legal Topics
Leave to Amend Statement of Claim, Adjournment of Trial, Extension of Time for Service of Evidence, Timetable Directions, Costs
Civil Procedure Pleadings Case Management Trial Management Leave to Amend Statement of Claim Adjournment of Trial Extension of Time for Service of Evidence Timetable Directions +1 more

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Summary, issues, holding and outcome

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Parties

Kevin Ian Plumpton

First Plaintiff

UCFX Limited

Second Plaintiff

James Terry

First Defendant

Brent David Colbert

Second Defendant

Procedural Posture

High Court Civil Proceeding / Pre Trial Interlocutory Applications (application to Amend Pleadings and Application to Adjourn Trial)

Legal Issues

  1. 1 Whether plaintiffs should be granted leave to file an amended statement of claim at a late stage
  2. 2 Whether the trial should be adjourned because of late service of evidence and late amendment
  3. 3 Whether defendants would suffer prejudice and require more time to serve evidence

Ratio Decidendi

The court granted leave to file the amended statement of claim because the proposed amendments (including the new eighth cause of action) did not unfairly prejudice the defendants and depended on pleaded facts; the defendants were given a fixed time to file an amended defence. The court dismissed the adjournment application because an adjournment of the three‑week trial would cause about a 12‑month delay and would not be in the interests of justice, but the court granted a limited extension for service of defendants' evidence and amended timetable directions to mitigate any prejudice.

Court Disposition

Leave to file amended statement of claim granted; defendants' application to adjourn trial dismissed; extension of time for defendants to serve evidence granted; timetable directions amended.

Orders

  • Leave granted to plaintiffs to file the amended statement of claim.
  • Any statement of defence to the amended statement of claim to be filed and served no later than 10 September 2018.