27 Aug 2019
KENT SING TRADING CO LTD & ORS v JNJ HOLDINGS LTD [2019] NZCA 388
- Citation
- [2019] NZCA 388
- Court
- Court of Appeal
Deficiencies in JNJ's pre-trial discovery and late production of documents did not render the trial unsafe because the appellants elected to proceed without seeking strike-out or adjournment, contemporaneous evidence and credibility findings by the Judge were determinative, and there was no real possibility proper discovery would have produced a contrary result; the PLA notice validly notified unpaid rent and permitted lawful cancellation and re-entry; clause 14.1(b) of the lease entitled JNJ to indemnity costs, and on remission of quantum the parties agreed costs on an adjusted scale 2B basi…