29 Aug 2008
CARTER HOLT HARVEY LIMITED V GENESIS POWER LIMITED AND ORS HC AK CIV 2001-404-001974
- Citation
- openlaw-e7acee7e_8277_487b_9b48_09a4a8990949.pdf
- Court
- High Court
The proposed seismic allegation did not constitute a fresh cause of action because it merely added a further particular of existing pleaded duties; however leave to amend was refused in the exercise of the Court's discretion because the Building Act long stop would likely preclude Rolls-Royce from obtaining contribution or indemnity from third parties responsible for the design calculations, producing unfairness and prejudice if the amendment were allowed.