New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Experts' conferences

Legal area

Court

25 Jun 2015

BODY CORPORATE 330324 v AUCKLAND COUNCIL [2015] NZHC 1485

Citation

[2015] NZHC 1485
Court

High Court

The Court concluded the plaintiffs' supplementary/reply evidence and proposed amendments introduced substantive new issues and increased quantum in ways that could reasonably have been anticipated and which require extensive, specialised testing and investigations that cannot be completed in the time remaining before trial. That prejudice to defendants and the resultant disruption to essential expert conferencing outweighed the plaintiffs' prejudice from delay. Accordingly the adjournment was granted, leave to amend and to file the supplementary briefs was given, and a timetable was directed…
5 Jun 2015

BODY CORPORATE 330324 v AUCKLAND COUNCIL [2015] NZHC 1232

Citation

[2015] NZHC 1232
Court

High Court

Adjournment was declined because the defendants relied on privileged without prejudice draft materials and speculative assertions about yet-to-be-filed reply evidence; the reply briefs were not yet filed and it was premature to infer they would necessitate supplementary work; the appropriate remedy for inadmissible reply material is an admissibility challenge at trial not adjournment; defendants' own delays had contributed to time pressure; and an adjournment would cause prejudice to plaintiffs and disrupt court resources, so granting an adjournment was not necessary to do justice between the…