PIPITEA MEWS BODY CORPORATE 81720 V ARCHAUS ARCHITECTS LIMITED AND ANOR HC WN CIV-2006-485-472

PIPITEA MEWS BODY CORPORATE 81720 V ARCHAUS ARCHITECTS LIMITED AND ANOR HC WN CIV-2006-485-472 23 January 2007IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY CIV-2006-485-472BETWEEN PIPITEA MEWS BODY CORPORATE 81720 Plaintiff AND ARCHAUS ARCHITECTS LIMITED First Defendant AND WELLINGTON CITY COUNCIL Second Defendant Judgment: 23 January 2007 In accordance with r540(4) I direct the Registrar to endorse this judgment with a delivery time of 3.30pm on the 23 rd day of January 2007.DECISION OF ASSOCIATE JUDGE D.I. GENDALL[1] On 21 December 2006 the first defendant filed an application for leave to join the following parties as third parties to this proceeding:- Connell Wagner Limited - Warren David Voss - GRW Consultants Limited trading as First Windows and Doors - A C Brockelsby & Co Limited - Kapiti Coatings Limited - Premier Roofing Wellington Limited - McCormack Asphalts Limited - Norman Wayne Antcliff, formerly trading as Antcliff Landscape Architecture - Hans UlrichGlauser electrician[2] Subsequently, on 15 January 2007 a memorandum of counsel in support of this application to join the third parties was filed, signed by counsel for the first defendant, for the plaintiff and for the second defendant. [3] It is noted that the first defendant would have been able to issue the third party notices as of right without obtaining the leave of the Court if this had been done within 14 days after the expiration of the time for filing a Statement of Defence. [4] It appears, however, that that 14 day period has expired and hence the first defendant is required to obtain the leave of the Court. [5] The application for leave to join the third parties is effectively consented to by the plaintiff and the second defendant. [6] Having considered this and all the material before the Court for the purposes of this application, I am of the view that it is appropriate for the orders sought here to be made. [7] Orders are now made granting leave to the first defendant to join the following parties as third parties to this proceeding:- Connell Wagner Limited - Warren David Voss - GRW Consultants Limited trading as First Windows and Doors - A C Brockelsby & Co Limited - Kapiti Coatings Limited - Premier Roofing Wellington Limited - McCormack Asphalts Limited - Norman Wayne Antcliff, formerly trading as Antcliff Landscape Architecture - Hans UlrichGlauser electrician[8] Costs with respect to this application are reserved. ________________________________Associate Judge D.I. GendallSolicitors:Stephen Brown, Solicitor, Wellington for Plaintiff Rainey Collins, Wellington for First Defendant Heaney & Co, Auckland for Second Defendant