31 Mar 2010
WESTPAC NEW ZEALAND LIMITED V AUCKLAND FINANCE LIMITED HC AK CIV 2008-404-002431
- Citation
- openlaw-c4b45e91_bda9_4364_b202_a4bb283bd39c.pdf
- Court
- High Court
The strikeout application is dismissed because the amended statement of claim materially alters Westpac's pleaded case by alleging the payment was made by Anzani 2002 (a party bound by the deeds of priority), Judge Hole did not finally determine who made the payment, and factual matrix issues relevant to interpretation of clauses 7.1 and 7.3 require investigation; accordingly further discovery is ordered and the matter proceeds to case management and trial.