22 Nov 2022
DAVERN v QBE INSURANCE (AUSTRALIA) LIMITED [2022] NZHC 3057
- Citation
- [2022] NZHC 3057
- Court
- High Court
Leave to file the third amended statement of claim was granted because the proposed amendments did not alter the essence of the pleaded sequencing error, would not give rise to third party claims, and would not cause substantial prejudice; the defendant's claim of surprise flowed from extraneous content in the plaintiffs' expert evidence rather than from the pleadings, so the adjournment application was declined.