BODY CORPORATE 188529 AND ANOR V NORTH SHORE CITY COUNCIL AND ORS HC AK CIV 2004-404-3230

BODY CORPORATE 188529 AND ANOR V NORTH SHORE CITY COUNCIL AND ORS HC AK CIV 2004-404-3230

Application to join additional defendants was dismissed because there was no reasonable prospect that claims against proposed defendants could be readied for the scheduled trial date and because refusal did not prejudice plaintiffs who could lead evidence of reasonable completion costs and pursue wasted expenditure claims in separate proceedings; the prior adjournment history further militated against joinder.

Citation
openlaw-32032a14_250f_4ea5_81b1_2ab6fa40b72d.pdf
Parties
First Plaintiff: Body Corporate 188529; Second Plaintiffs: Katrina Sangha; Davinder Sangha; Stephen Robert Devlin; Michelle Janette Turner; Lisa Adele Turner; Clifford Scott Parkinson; Judith Rosemary Halford; David Paul Halford; Blue Sky Holdings Ltd (as trustee of The Auckland Residential Property Trust); First Defendant: North Shore City Council; Second Defendants: Robert Henry Graham Barton; Kay Barton; Third Defendant: R F Coughlan & Associates
Court
High Court
Jurisdiction
New Zealand
Judgment Date
28 August 2007
Procedural Posture
Civil Proceedings Building/weathertightness; Negligence and Negligent Misrepresentation / Pre Trial Telephone Conference and Case Management; Application to Join Additional Defendants; Trial Listed to Commence 8 October 2007
Outcome
Application to join additional defendants dismissed
Legal Topics
Weathertightness, Negligent Misrepresentation, Joinder, Case Management, Costs, Remedial Works
Building and Construction Tort Negligence Civil Procedure Statutory Building Act Matters Weathertightness Negligent Misrepresentation Joinder Case Management +2 more

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Parties

Body Corporate 188529

First Plaintiff

Katrina Sangha; Davinder Sangha; Stephen Robert Devlin; Michelle Janette Turner; Lisa Adele Turner; Clifford Scott Parkinson; Judith Rosemary Halford; David Paul Halford; Blue Sky Holdings Ltd (as trustee of The Auckland Residential Property Trust)

Second Plaintiffs

North Shore City Council

First Defendant

Robert Henry Graham Barton; Kay Barton

Second Defendants

R F Coughlan & Associates

Third Defendant

Procedural Posture

Civil Proceedings Building/weathertightness; Negligence and Negligent Misrepresentation / Pre Trial Telephone Conference and Case Management; Application to Join Additional Defendants; Trial Listed to Commence 8 October 2007

Legal Issues

  1. 1 Whether leave should be granted to join additional defendants under r 97(1)(b) High Court Rules
  2. 2 Whether joinder would prejudice the existing trial timetable and warrant refusal
  3. 3 Whether plaintiffs would be prejudiced by refusal to join and whether parallel proceedings are adequate

Ratio Decidendi

Application to join additional defendants was dismissed because there was no reasonable prospect that claims against proposed defendants could be readied for the scheduled trial date and because refusal did not prejudice plaintiffs who could lead evidence of reasonable completion costs and pursue wasted expenditure claims in separate proceedings; the prior adjournment history further militated against joinder.

Court Disposition

Application to join additional defendants dismissed

Orders

  • Leave granted to first and third defendants to file and serve a Statement of Defence to the Fourth Amended Statement of Claim on or before 31 August 2007
  • Any reply dealing with affirmative defences to be filed and served on or before 7 September 2007