LYTTELTON PORT CO LTD v AON NEW ZEALAND [2019] NZHC 715
The court exercised its discretion to grant leave to file the second amended statement of claim against Opus and imposed a timetable for pleading and evidence to manage progression of the proceedings.
Source-derived case information.
- Citation
- [2019] NZHC 715
- Parties
- Plaintiff: Lyttelton Port Company Limited; Defendant: Aon New Zealand; First Third Party: Opus International Consultants Limited; Second Third Party: Colliers International Valuation (Chch) Limited
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 5 April 2019
- Procedural Posture
- Civil Third Party Proceedings / Interim Judgment on Application for Leave to Amend Statement of Claim
- Outcome
- Leave granted to Aon to file a second amended statement of claim against Opus; timetable directions made; leave reserved to vary timetable; full reasons to follow.
- Legal Topics
- Leave to Amend, Timetabling Directions, Evidence Briefs, Reclaimed Land Claim
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lyttelton Port Company Limited
Plaintiff
Aon New Zealand
Defendant
Opus International Consultants Limited
First Third Party
Colliers International Valuation (Chch) Limited
Second Third Party
Procedural Posture
Civil Third Party Proceedings / Interim Judgment on Application for Leave to Amend Statement of Claim
Legal Issues
- 1 Whether leave should be granted to Aon to file a second amended statement of claim against Opus
- 2 What timetable is appropriate for pleading and evidence following grant of leave
- 3 Whether timetable should be varied
Ratio Decidendi
The court exercised its discretion to grant leave to file the second amended statement of claim against Opus and imposed a timetable for pleading and evidence to manage progression of the proceedings.
Court Disposition
Leave granted to Aon to file a second amended statement of claim against Opus; timetable directions made; leave reserved to vary timetable; full reasons to follow.
Orders
- Leave granted to Aon to file a second amended statement of claim against Opus.
- Aon is to file and serve the amended claim by 5.00 pm on 9 April 2019.
Full Case Text
Judgment text and source record
1 paragraphs
LYTTELTON PORT CO LTD v AON NEW ZEALAND [2019] NZHC 715 [5 April 2019]IN THE HIGH COURT OF NEW ZEALANDCHRISTCHURCH REGISTRYI TE KŌTI MATUA O AOTEAROAŌTAUTAHI ROHECIV-2015-409-000428[2019] NZHC 715BETWEEN LYTTELTON PORT COMPANY LIMITEDPlaintiffAND AON NEW ZEALANDDefendantAND OPUS INTERNATIONAL CONSULTANTSLIMITEDFirst Third PartyAND COLLIERS INTERNATIONALVALUATION (CHCH) LIMITEDSecond Third PartyHearing: 3 April 2019 via telephone hearingAppearances: Z G Kennedy and J M Embling for the DefendantM E Parker and E L Keeble, A J Gaborieau of the First ThirdPartyJudgment: 5 April 2019INTERIM JUDGMENT OF NATION J[1] Aon has applied for leave to file a second amended statement of claim againstOpus as a third party. The application was opposed.[2] There was a hearing as to the application on 3 April 2019.[3] I have determined that leave will be granted as sought. With leave granted, Imake further timetabling directions as follows:(a) Aon is to file and serve the amended claim by 5.00 pm on 9 April 2019;(b) Opus is to file and serve its defence to the amended statement of claim by5.00 pm on 26 April 2019;(c) Opus is to serve any briefs of evidence confined to Aon's cause of actionin respect of the reclaimed land (if required) by 5.00 pm on 3 May 2019;and(d) Aon is to serve any briefs of evidence in reply to Opus' briefs (if required)by 5.00 pm on 10 May 2019.[4] Leave is reserved for either party to seek an amendment to that timetable ifthey consider this necessary.[5] A full reasons judgment will follow shortly.Solicitors:Chapman Tripp, ChristchurchMinterEllisonRuddWatts, AucklandParker Cowan Lawyers, QueenstownWynn Williams, Christchurch.