JUNGWON LIMITED V SPLITROCK LIMITED AND ORS HC WN CIV-2007-485-1515

JUNGWON LIMITED V SPLITROCK LIMITED AND ORS HC WN CIV-2007-485-1515

The amended statement of claim introduced alterations amounting to a fresh cause of action so, applying High Court Rules r187(6) and the need for the Court to have all material before it, the Court exercised its discretion to defer final determination and directed the defendants be given time to file defences and affidavits and the matter be set down for hearing on specified dates.

Citation
openlaw-e485a419_0e7f_4c95_b0ad_a57cfb165f5a.pdf
Parties
Plaintiff: Jungwon Limited; First Defendant: Splitrock Limited; Second Defendant: Garth Hamish Rosson; Third Defendant: Nagin Bhikha
Court
High Court
Jurisdiction
New Zealand
Judgment Date
13 August 2007
Procedural Posture
Civil Summary Judgment / Interlocutory Hearing / Directions
Outcome
Summary judgment application set down for hearing; defendants granted leave to file defence and affidavits; plaintiff given time to respond; costs reserved.
Legal Topics
Summary Judgment, Amendment of Pleadings, High Court Rules R187(6), Adjournment, Counterclaim
Civil Procedure Summary Judgment Amendment of Pleadings High Court Rules R187(6) Adjournment Counterclaim

Case Brief

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Parties

Jungwon Limited

Plaintiff

Splitrock Limited

First Defendant

Garth Hamish Rosson

Second Defendant

Nagin Bhikha

Third Defendant

Procedural Posture

Civil Summary Judgment / Interlocutory Hearing / Directions

Legal Issues

  1. 1 Whether the summary judgment application should proceed despite an amended statement of claim
  2. 2 Whether R 187(6) entitles defendants to 14 days to file a defence when an amended pleading introduces a fresh cause of action
  3. 3 Whether an adjournment should be granted to enable defendants to file a defence and counterclaim

Ratio Decidendi

The amended statement of claim introduced alterations amounting to a fresh cause of action so, applying High Court Rules r187(6) and the need for the Court to have all material before it, the Court exercised its discretion to defer final determination and directed the defendants be given time to file defences and affidavits and the matter be set down for hearing on specified dates.

Court Disposition

Summary judgment application set down for hearing; defendants granted leave to file defence and affidavits; plaintiff given time to respond; costs reserved.

Orders

  • Summary judgment application set down for hearing on 6 September 2007 at 10 am (one half day allowed)
  • Defendants to file and serve any statements of defence together with any affidavits in support of their notice of opposition by 27 August 2007