4 Nov 2022
ICL CONSTRUCTION (2016) LIMITED v ROEBUCK CRANE HIRE LIMITED [2022] NZHC 2899
- Citation
- [2022] NZHC 2899
- Court
- High Court
The High Court held the District Court rightly exercised its discretion under the District Court Rules to strike out evidence that sought to advance an unpleaded, prejudicial rate-based quantum defence after liability had been determined; barring that defence was proportionate to prevent injustice; the interim payment was properly ordered because the plaintiff had a judgment for damages to be assessed and demonstrated a likely recovery around $60,000; interest and costs were properly awarded in accordance with the pleadings and discretion.