13 Jun 2013
ORION NEW ZEALAND LIMITED v EARL P SMITH LIMITED [2013] NZHC 1411
- Citation
- [2013] NZHC 1411
- Court
- High Court
The court granted joinder under r 4.56(1)(b)(ii): documentary and affidavit evidence established a real and arguable basis that Spectrum shared responsibility for the work and the dust damage, making its presence potentially necessary to adjudicate and settle all questions (including possible apportionment/contribution); combined insurer and related tactical concerns reduced the weight of the plaintiff's choice not to join; accordingly Spectrum was joined and costs awarded to the defendant applicant.