New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Extension of time for service of evidence
  • 28 Aug 2018

    PLUMPTON v TERRY [2018] NZHC 2241

    Citation
    [2018] NZHC 2241
    Court
    High Court

    The court granted leave to file the amended statement of claim because the proposed amendments (including the new eighth cause of action) did not unfairly prejudice the defendants and depended on pleaded facts; the defendants were given a fixed time to file an amended defence. The court dismissed the adjournment application because an adjournment of the three‑week trial would cause about a 12‑month delay and would not be in the interests of justice, but the court granted a limited extension for service of defendants' evidence and amended timetable directions to mitigate any prejudice.