20 Oct 2023
RED STAG TIMBER LTD v JUKEN NZ LTD [2023] NZHC 2947
- Citation
- [2023] NZHC 2947
- Court
- High Court
The Court held that by reason of the Court of Appeal's order Red Stag cannot pursue declarations or other relief based on JNL's representations or conduct prior to December 2012 (such pleadings are struck out); however the challenged new particulars (para 39 and the 'corrective disclosure' pleading) do not amount to a fresh cause of action and may stand limited to post-December 2012 conduct; the 7ASOC must be amended to confine substantive relief and particulars to conduct from December 2012 and to remove any claim for declarations based on pre-December 2012 conduct.