28 Oct 2014
BODY CORPORATE NO. 338356 & ORS v ENDEAN & ORS [2014] NZHC 2644
- Citation
- [2014] NZHC 2644
- Court
- High Court
The proposed fifth amended statement of claim did not introduce a fresh cause of action; the additional remedial particulars were consequential upon defects and damage already pleaded in the fourth amended statement of claim and therefore r7.77(2) was not engaged; on discretionary grounds under r7.7 the interests of justice weighed in favour of granting leave to file the amendment (subject to agreed deletions), with costs to plaintiffs on a 2B scale.